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Question

How can I set a fair early termination fee in my client contracts?

What’s the best way to protect my time and costs if a client cancels a deal early—without scaring them off?

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Answer

When a client ends a contract early, it can leave your business with lost time, sunk costs, and missed opportunities. Adding an early termination fee to your contract can be a practical way to help protect yourself — especially when the terms are written fairly and clearly.

Here are a few common ways to structure an early termination fee:

  • Be specific: Spell out exactly when the fee applies, how it's calculated, and when it's due. For example: "If the client cancels before [date], a fee equal to 30% of the remaining contract will apply."
  • Keep it fair: Set the fee to line up with expected costs or lost income, rather than using it as a punishment. Most states require that cancellation fees or retained deposits be a reasonable estimate of actual losses — not an excessive penalty — to be enforceable.
  • Add context: A short note explaining that the fee covers prep time or resources can make clients more understanding.
  • Include timing: State when the fee is due after cancellation (for example, within seven days).

A clear, reasonable clause like this helps set expectations early — protecting your business while showing clients you're professional and transparent.

What to consider in your specific situation

While this general approach works for some small businesses, your exact wording may depend on:

  • The type and length of your contract.
  • How your pricing or services are structured.
  • The laws or contract rules in your state.
  • Any previous agreements or amendments.
  • How much work or cost you've already invested.

Since every business is different, you can use Rocket Copilot to get legal information about early termination fees, or connect with a Legal Pro to learn more about your options.

Published on 11/20/2025Written by Rocket Lawyer editorial staffReviewed by Legal Pros

At Rocket Lawyer, we follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language, then reviewed by experienced Legal Pros—licensed attorneys and paralegals—to ensure legal accuracy.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.

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Disclosures

  1. This page offers general legal information, not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.