Best examples of termination clauses: non-performance examples for freelancers

Let’s skip the abstract theory and go straight to what you’re probably looking for: real examples of termination clauses. Non-performance examples work best when they are specific, measurable, and boringly clear. That’s what makes them enforceable.

Below are several scenarios freelancers face all the time, with contract language you can adapt. This is not legal advice, but it will give you a strong starting point for a conversation with your attorney.

Example of a non-performance termination clause for missed deadlines

Missed deadlines are one of the most common non-performance triggers in freelance work. The problem is that many contracts say “time is of the essence” without explaining what happens when time is ignored.

Sample clause (deadlines and non-delivery):

If Contractor fails to deliver any milestone more than 7 calendar days after the agreed delivery date, and such failure continues for 5 calendar days after written notice from Client, Client may terminate this Agreement for non-performance upon written notice. In the event of termination under this Section, Client shall pay Contractor for all deliverables accepted in writing as of the termination date, and Contractor shall promptly provide Client with all work-in-progress related to the terminated services.

Why this works:

• It ties non-performance to a specific number of days.
• It builds in a cure period (5 days after written notice) instead of instant termination.
• It limits payment to accepted work, which keeps expectations realistic on both sides.

This is one of the best examples of termination clauses: non-performance examples for project-based work, because it’s crystal clear about when the clock starts and what happens next.

Examples of termination clauses: non-performance examples for unresponsive clients

Non-performance isn’t always on the freelancer’s side. Sometimes the client disappears, won’t approve work, or fails to provide assets you need. That’s still non-performance — just from the other direction.

Sample clause (client unresponsiveness):

If Client fails to respond to Contractor’s written requests for feedback, approvals, or required materials for a period of 14 calendar days, Contractor may suspend work upon written notice. If Client fails to respond within an additional 14 calendar days after such notice, Contractor may terminate this Agreement for non-performance by Client. Upon termination, all fees paid are non-refundable, and Client shall pay Contractor for all work performed but not yet invoiced as of the termination date.

This example of a termination clause protects you from being stuck in limbo. It also gives you a clear process: pause, notify, then terminate.

A trend in 2024–2025: more freelancers now include explicit client non-performance language, especially in creative fields where approvals and content inputs are everything. It’s becoming standard practice on platforms like Upwork and in templates shared by professional associations.

Non-performance examples for failure to meet quality standards

Sometimes the work is delivered, but it doesn’t meet agreed standards. If you’re hiring subcontractors, or if your client expects a specific level of quality, you need that defined up front.

Sample clause (quality and performance standards):

Contractor shall perform the Services in a professional and workmanlike manner consistent with generally accepted industry standards. If Client reasonably determines that Contractor’s work materially fails to meet such standards, Client shall provide written notice specifying the deficiencies. Contractor shall have 10 business days from receipt of such notice to correct the deficiencies at no additional cost. If Contractor fails to correct the deficiencies within such period, Client may terminate this Agreement for non-performance upon written notice.

Here, the non-performance examples are tied to “material” failure and “industry standards,” which are phrases courts recognize. For more background on how contracts use “material breach,” you can look at resources from law schools like Harvard Law School’s contract materials, which often discuss how these terms get interpreted.

Examples of termination clauses: non-performance examples for late or missing payments

Non-performance is not only about work delivered; it’s also about money received. A client who consistently pays late — or not at all — is not performing under the contract.

Sample clause (late payment and suspension):

If any undisputed invoice remains unpaid 15 calendar days after the due date, Contractor may suspend work upon written notice to Client. If such invoice remains unpaid 30 calendar days after the due date, Contractor may terminate this Agreement for non-performance by Client upon written notice. Upon termination, all unpaid fees for work performed shall become immediately due and payable.

Many freelancers skip this, then regret it when cash flow gets tight. This is one of the best examples of termination clauses: non-performance examples that directly protect your ability to keep the lights on.

For general guidance on small business contracts and payment practices, the U.S. Small Business Administration provides helpful overviews at sba.gov.

Non-performance examples for scope and deliverable failures

Another flavor of non-performance: the work delivered is not what was agreed. Maybe the developer promised an API integration and delivered a static page. Maybe the writer agreed to original content and turned in AI-generated text.

Sample clause (failure to deliver agreed scope):

The Services and Deliverables are described in Exhibit A (Scope of Work). If Contractor delivers work that materially deviates from the Scope of Work, Client shall notify Contractor in writing and provide a reasonable description of the deviation. Contractor shall have 7 business days to correct such deviation at no additional charge. If Contractor fails to correct the deviation within such period, Client may terminate this Agreement for non-performance upon written notice and shall have no obligation to pay for the non-conforming Deliverables.

This example of a termination clause does two important things:

• It anchors everything to a written Scope of Work.
• It links payment to conforming deliverables, not just time spent.

Non-performance examples for repeated minor breaches

A single missed deadline might be forgivable. Five missed deadlines in two months? That’s a pattern. Repeated small failures can add up to non-performance.

Sample clause (repeated breaches):

In addition to any other rights under this Agreement, either party may terminate this Agreement for non-performance if the other party commits the same or similar breach of its obligations three (3) or more times within any 60-day period, whether or not such breaches are cured after notice.

This is a subtle but powerful example of termination clauses: non-performance examples that address patterns of behavior, not just one-off mistakes.

Trend watch 2024–2025: remote work, platforms, and non-performance

Since 2020, freelance and remote work have grown significantly. Surveys from organizations like the U.S. Bureau of Labor Statistics and major consulting firms show continued growth in independent contracting and hybrid work arrangements through 2024 and into 2025.

What does that have to do with examples of termination clauses? Non-performance examples now need to address realities like:

• Remote collaboration tools: Clauses that reference communication via email, project management tools, or messaging platforms as valid “written notice.”
• Time zone differences: Specifying response times in calendar days rather than business hours in a specific location.
• Platform policies: Freelancers working through marketplaces often need termination clauses that don’t conflict with the platform’s own terms.

Modern contracts increasingly use language like “electronic written notice (including email)” to keep non-performance processes realistic for remote work.

How to write your own examples of termination clauses: non-performance examples

You don’t need to copy legalese to write effective non-performance language. You do need to be specific. When you draft your own examples of termination clauses, non-performance examples should answer four questions:

• What exactly counts as non-performance? Missed deadlines, no-shows, non-payment, low quality, lack of approvals?
• How will it be documented? Email, project management comments, signed acceptance?
• Is there a cure period? How many days to fix the problem after written notice?
• What happens to money and work-in-progress? Who owns what, and who pays what, at termination?

Here’s a flexible framework you can adapt:

Either party may terminate this Agreement for non-performance if the other party materially fails to perform its obligations under this Agreement and does not cure such failure within [X] days after receiving written notice describing the failure in reasonable detail. Upon termination for non-performance, Client shall pay Contractor for all Services performed and approved as of the termination date, and Contractor shall deliver to Client all work-in-progress for which payment has been made.

Use this as a base, then plug in the specific non-performance examples that actually match your work.

If you want to sanity-check your approach to contracts generally, many universities publish plain-language guidance on contracts. For example, Cornell Law School’s Legal Information Institute offers free explanations of contract terms like breach, materiality, and remedies.

FAQ: examples of termination clauses and non-performance

Q1. What are common examples of termination clauses: non-performance examples in freelance contracts?
Common examples include termination for repeated missed deadlines, failure to pay invoices on time, refusal to provide required information or approvals, delivery of work that does not match the agreed scope, and ongoing failure to meet agreed quality standards. Many freelancers also include non-performance examples for client behavior, such as extended unresponsiveness or failure to show up for scheduled sessions.

Q2. Can you give a simple example of a non-performance termination clause I can adapt?
A simple example of a non-performance clause might say: “Either party may terminate this Agreement for non-performance if the other party materially fails to perform its obligations and does not cure such failure within 10 days after written notice. Upon termination, Client shall pay for all approved work performed up to the termination date.” You would then add specific non-performance examples that matter to your situation.

Q3. Do I always need a cure period in a non-performance clause?
A cure period is not legally required, but it’s often smart. It shows you acted reasonably before terminating, which can matter if there’s a dispute later. The length depends on the work: days for small tasks, maybe a few weeks for complex projects. Some of the best examples of termination clauses: non-performance examples use different cure periods for different types of failures (for example, shorter for non-payment, longer for quality fixes).

Q4. Are email notices enough to trigger non-performance termination?
In many modern contracts, yes — as long as the contract says that email counts as written notice and specifies which email addresses are valid. With remote work now the norm, contracts increasingly recognize digital communication. Just make sure your clause clearly states how notice is given and when it’s considered received.

Q5. Should freelancers get a lawyer to review their non-performance clauses?
If you’re doing higher-value projects or long-term retainers, it’s wise to have an attorney review your contract language at least once. You can then reuse that structure across clients. Think of the examples of termination clauses: non-performance examples in this article as draft material to take to your lawyer, not as a substitute for legal advice.

Bottom line: strong examples of termination clauses, non-performance examples in particular, are less about fancy wording and more about clarity. Spell out what counts as non-performance, give a fair chance to fix it, and be explicit about what happens to money and deliverables if things end early. That’s how you protect both your business and your reputation in 2024, 2025, and beyond.