Demand Letters for Marketing and Creative Agencies: Getting Paid Without Burning Every Bridge
Marketing and creative agencies live in a strange part of the business world.
You sell strategy, ideas, and execution in an environment where outcomes depend on dozens of variables you cannot control: the client’s product, pricing, sales team, reputation, seasonality, and sometimes just luck. You can do everything right and still have a flat campaign. You can also do sloppy work and get lucky. That disconnect is exactly where non-payment fights begin.
Soft-scam clients love that ambiguity. They enjoy the benefits of your work, run your campaigns, present your decks internally, and then, when the invoice shows up, retreat into a shrug: “We didn’t get results. We’re not paying.”
This article looks at those situations from the agency side. It explains how “no results” arguments sit under contract law, how “no guarantee of results” language is used in marketing agreements, and when a formal demand letter makes sense. The angle is practical: you want to get paid, but you do not necessarily want to salt the earth with every client who disappoints you.
You will get a concrete, non-lawyer demand letter template you can adapt, and a detailed FAQ that covers the most common edge cases.
Why “we didn’t get results” is not a magic escape clause
Most marketing and creative engagements are service contracts. The basic rule in service contracts is that the client pays for the services that were agreed and performed, not for a guaranteed outcome, unless the contract explicitly says otherwise.
That is why so many serious agencies now include “no guarantee of results” language in their terms. Typical examples from modern marketing and SaaS agreements say things like: the agency “does not guarantee specific results, such as increased revenue, website traffic, search engine rankings, or social media engagement” because outcomes are influenced by many factors outside the agency’s control.(tradition.agency) Digital marketing contract guides echo the same approach: make no guarantees or warranties beyond what the contract expressly states, in order to set realistic expectations and protect against clients who equate “no miracle” with “no payment.”(Selene the Lawyer)
Courts and commentators often describe advertising agencies’ responsibility in similar terms: the agency is responsible for producing and delivering the creative work and for executing media plans as agreed; it is not automatically responsible for achieving specific sales targets unless it has promised to do so. One practitioner summary puts it bluntly: an advertising agency fulfils its part by getting creative signed off by the client and is not responsible for achieving sales targets; the client still must pay the agreed fee.(Lexology)
That does not mean results are irrelevant. Performance expectations and KPIs matter commercially, and specific performance-based fee structures can re-allocate risk. But the default rule is simple: if you did the work you were hired to do, and you did not misrepresent what you were selling, “we didn’t get results” is not a legal “get out of payment free” card.
Soft-scam patterns agencies see over and over
Not every unhappy client is a soft scammer. Some simply chose the wrong tactic, market, or budget, and they are disappointed. The recurring soft-scam stories tend to look different.
One common pattern is the post-hoc performance standard. The scope and pricing were agreed on the basis of services: build a funnel, run paid search for three months, redesign a brand, produce a video. No concrete ROI thresholds were promised. After the fact, the client applies a new standard: “we didn’t double our leads,” “we didn’t get a 5x ROAS,” “this didn’t go viral,” and uses that invented benchmark as a reason not to pay.
Another pattern is the moving target. The client keeps expanding scope and changing priorities, often ignoring your strategic advice, then blames you when the Frankenstein campaign underperforms. When you remind them of the original plan and the deviations, they say some variation of “we trusted you as experts; you should have made it work.”
A third is the budget-freeze excuse. Internal politics shift, a new manager arrives, or the board decides to cut spend. Suddenly your invoices move to the bottom of the pile. The work is in market and sometimes performing reasonably well, but finance decides that the easiest “cut” is simply not paying for work that has already been done.
A fourth is the quiet ghosting. The client stops answering emails around the time the final invoice goes out. Their website and ad accounts show your work live, but your reminders disappear into silence. Sometimes you only discover months later that the campaign you built is still running.
In all of these scenarios, the non-payment move comes after the client has received exactly what they asked you to create. They are not contesting what was delivered; they are using a vague disappointment about “results” as a pretext to avoid payment.
What your contract should say about outcomes, and how that helps you now
If your current agreements already contain clear language that distinguishes deliverables from outcomes, you are starting from a stronger position. If not, this is still a useful moment to understand what you will want in future.
Well-drafted marketing service agreements often do three things in this area.
They define the scope in terms of tasks and deliverables. That might include strategy workshops, creative concepts, media plans, asset production, campaign setup, and reporting. The more specific the better.
They describe your performance standard as professional, reasonable efforts, often framed as following best practices or industry norms, not as guaranteeing a particular revenue or lead number.
They include an explicit “no guarantee of results” disclaimer, making it clear that you are not promising specific sales, traffic, rankings, conversions, or other performance metrics. Modern examples from agency terms of service and SaaS marketing service agreements are explicit: they state that no particular outcome is guaranteed, and that projections or forecasts are estimates only.(tradition.agency)
If your contract has that structure, your demand letter can lean on it without sounding like a lawyer. You are simply reminding the client what they signed. Even if your contract is weaker or informal, you can still describe the engagement in those terms: you agreed to perform defined services using professional skill; they agreed to pay; the risk that the market would not respond was never fully shifted onto you unless you expressly agreed to a performance-based structure.
When client dissatisfaction is legitimate and when it is a pretext
It is important to be honest with yourself before you escalate. There is a difference between a client playing games and a client reacting to real failures on your side.
On the legitimate dissatisfaction side, maybe you genuinely missed deadlines without warning, failed to execute key parts of the plan, ignored clear feedback, or delivered creative that did not meet professional standards. Maybe your team churned, you dropped the ball on optimisation, or your tracking was broken for a material part of the campaign. When you re-read the scope and look at the work product, you can see why the client feels short-changed.
In those situations, jumping straight to a demand letter on a full invoice risks backfiring. You may still be entitled to payment for work performed, especially if the client is using parts of it, but you need to factor in your own contribution to the train wreck. Sometimes a structured discount or a partial write-off is the cleanest business decision.
On the pretext side, the story feels different. You can show that you did what you said you would do. The client approved the strategy, creative, and media plan. They approved the final assets. The campaigns ran as agreed. You reported transparently. They never raised serious performance concerns until the invoice arrived. Now they are retrofitting a narrative of “no results” to justify non-payment, often without any credible alternative plan.
A demand letter has much more weight when you can show that you have already acted reasonably and that what is now happening is not a fair disagreement but an attempt to move the goalposts after the fact.
The legal backbone: deliverables, expectations, and unjust enrichment
Behind your plain-English letter live a few legal concepts that are worth understanding, even if you never name them.
The first is straightforward breach of contract. You and the client agreed that you would perform specified services in exchange for a fee. You performed; they did not pay. Unless the contract ties payment strictly to measurable results and those conditions failed, their “we didn’t get results” argument does not erase the obligation.
The second is quantum meruit. Courts and commentators describe it as an equitable remedy that compensates you for the reasonable value of services you provided in a quasi-contractual relationship, often when there is an implied or incomplete contract.(Cornell Law School) Quantum meruit claims are grounded in the parties’ expectations: one side requested services, the other provided them with an expectation of payment, and the court fills in the price term or gap when necessary.
The third is unjust enrichment. In plain language, unjust enrichment means a person should not be allowed to retain a benefit conferred by another without paying when payment was reasonably expected. Recent explanations emphasise that unjust enrichment is based on society’s interest in preventing unfair retention of benefits without compensation.(The Florida Bar) If a client is running your campaigns, using your creative, and making decisions based on your strategies, while refusing to pay, that is the story you are illustrating.
Your demand letter does not need to recite Latin. It just needs to tell that story clearly: we agreed on services, you received them, you are using them, and it is not acceptable or fair for you to withhold payment based purely on disappointment about outcomes that were never guaranteed.
Evidence you should have in hand before you start drafting
A good demand letter feels inevitable because the facts are already lined up. Before you write anything, get your file in order.
You want your core agreement. That might be a signed contract, a proposal that was accepted, a click-through service agreement, or even a series of emails and messages where scope and price were agreed. If you use written “no guarantee of results” terms, have those ready.
You want the approvals. That means signed-off strategy decks, creative approvals, media plans, and any emails where stakeholders say “this looks good,” “approved,” or “go ahead.” These show that the client accepted the plan and the assets before seeing the outcome.
You want performance records. Campaign screenshots, reports, analytics exports, email deliverability dashboards, and similar materials demonstrate that you actually ran the work you were hired to run. Even if performance was mediocre, the existence of the campaigns matters.
You want the invoice trail. Keep copies of invoices, statements of account, and any payment promises or partial payments. If they paid some invoices but are disputing later ones, that pattern can matter.
You want the correspondence about results and payment. Messages where they move from normal discussion of performance to unilateral declarations like “we’re not paying because the campaign didn’t work” are especially relevant. So are any references to cash-flow, budget freezes, or internal politics that undercut their claimed performance rationale.
If your package includes any trackable deliverable that is publicly visible, such as a rebrand, website, or video, it can be powerful to have screenshots showing that your work is live on their domain while they claim they owe you nothing.
With that material assembled, you can start writing from a place of confidence rather than memory.
Why you do not want to scorch every bridge, even with a bad-faith client
The temptation in these situations is to unload. You put your team’s time, energy, and sometimes reputation on the line; they are now treating you like a disposable vendor. It is easy to want to “teach them a lesson.”
The problem is that in agency land, relationships are a web. Marketing directors move between companies. CMOs talk to each other. Finance people change employers. Even a client who is behaving badly right now may sit in a room in two years where your name comes up. Being known as the agency that defends itself with clarity and firmness is good. Being known as the agency that sends unhinged threats over every disappointment is not.
That is why tone matters so much in your demand letter. You can be firm without being abusive. You can state that non-payment is unacceptable while still leaving a door open for negotiated resolution. You can make it clear that your preference is always to fix problems and move forward, but that you are not prepared to quietly absorb a complete write-off of work that was delivered as agreed.
Think of the letter as a professional boundary, not a revenge monologue.
How to frame a demand letter that aims to get paid without detonating the relationship
When you write, imagine your letter being forwarded internally to the CFO, the general counsel, or a new VP who has no emotional attachment to the dispute. That reader will ask themselves three questions: do you sound reasonable, do you have the facts on your side, and can the company make this go away at a cost that is lower than the risk of a fight?
You can help that reader say “yes” by structuring the letter around four elements.
The first is a neutral recap of the engagement. Name the project, the timeframe, the services you agreed to provide, and the fee structure. If relevant, note that your contract or terms make clear that while you aim for strong results, you cannot guarantee specific revenue or lead outcomes because those depend on factors outside your control.(tradition.agency)
The second is a factual summary of work performed and approvals. List the major deliverables and phases you completed, and mention key approvals and launch dates. Do this in sentences rather than emotion. You are painting a picture of a project that moved through the usual professional steps.
The third is the problem description. Explain that invoices totalling a specific amount remain unpaid, that you have raised this several times informally, and that the primary reason you have been given is that the campaign “did not get results” or that internal budget issues have led to non-payment. Make it clear that you view this as inconsistent with your agreement and with standard practice.
The fourth is your proposed resolution. State the amount you are seeking. If you are prepared to offer a structured solution, such as a short-term payment plan or a modest discount to recognise the client’s disappointment while still treating your team fairly, say so. Set a deadline for response and gently indicate that if the matter is not resolved you will consider legal options. You do not need to threaten. It is enough to make it clear that silence is not acceptable.
You will see this structure reflected in the template below.
Demand letter template for marketing and creative agencies
This template is written for a small or mid-sized agency owner or director writing directly to a client decision-maker. Adjust formality and detail to fit your brand and your jurisdiction.
[Your Name]
[Your Title]
[Agency Name]
[Address or City]
[Email Address]
[Date]
[Client Name]
[Client Title]
[Client Company]
[Client Address or City]
Subject: Outstanding Payment for [Project / Campaign Name]
Hello [Client First Name],
I am writing to follow up formally on the outstanding invoices for the [project or campaign name] work our team delivered for [client company] between [start date] and [end date].
As you know, we agreed that [Agency Name] would provide [short description of services, for example “strategy, creative and media buying for your Q4 lead generation campaign across Meta and Google Ads,” or “branding, messaging and website redesign for your new product launch”]. This scope and pricing were set out in [state where: “our proposal dated… and your email acceptance,” “the Services Agreement dated…,” or “the SOW titled…”].
Our understanding from that agreement, and from our conversations, was that our role was to design and execute the agreed strategy and assets to a professional standard, not to guarantee specific revenue or lead numbers. As reflected in our standard terms, we do our best to achieve strong performance but cannot promise particular outcomes because marketing results depend on many factors outside our control, including product, pricing, competitive landscape and your internal sales processes.(tradition.agency)
Between [start date] and [end date], our team completed the agreed work. To summarise:
We conducted discovery and strategy sessions and presented the [campaign or brand] strategy on [dates], which your team approved.
We produced and delivered the agreed creative assets, including [examples: ad sets, landing pages, email sequences, brand identity elements, video content], which were reviewed and approved on [dates].
We set up and managed the campaigns in [platforms: Google Ads, Meta, LinkedIn, email, etc.] and ran them from [launch date] through [end date], providing regular reports and recommendations along the way.
We responded to your feedback and implemented changes requested during the campaign period.
Invoices [numbers or dates], totalling [currency and amount], relate to this work. As of today, those invoices remain unpaid.
In our recent conversations and emails, the primary reason given for non-payment has been that the campaign “did not get the results” your team hoped for. I understand the frustration when marketing falls short of ambitious targets. We share that frustration; we put considerable effort into trying to make the campaign work as well as possible with the agreed strategy and budget. At the same time, disappointment with results does not change the fact that we did the work we were engaged to do, that the assets and campaigns were created and run as agreed, and that your organisation received and used that work.
Across the industry, agency fees are paid for services rendered, not only for campaigns that become runaway successes. Courts and practitioners have been clear that agencies are responsible for providing competent creative and execution; they are not automatically guarantors of sales performance unless they have expressly agreed to that in their contracts.(Lexology) That is the understanding reflected in our agreement with you.
With that in mind, we need to bring this matter to a close in a way that is fair to both sides. The outstanding amount currently due is [amount]. I am asking that you confirm by [date, usually ten calendar days out] that these invoices will be paid and either arrange payment in full by that date or propose a clear, short payment schedule that brings the balance current no later than [reasonable end date].
If there are specific concerns about our performance that you believe justify a different figure, please put them in writing so we can look at them carefully. We are open to a reasonable discussion about structure, including, for example, a modest adjustment that recognises your disappointment while still respecting the work our team delivered. What we cannot accept is a complete write-off of services that were requested, received and used.
Our preference is always to resolve issues like this directly and to leave the door open for future collaboration when circumstances change. If we are unable to reach agreement by [date], we will need to consider next steps more formally, including using the legal remedies that exist for unpaid professional services and, if appropriate, clarifying the situation with stakeholders who may be relying on the work we produced without knowing it remains unpaid.
I hope it does not come to that. Please treat this letter as a serious request to resolve the account and let me know by [date] how you propose to proceed.
Best regards,
[Your Name]
[Title]
[Agency Name]
[Phone or website]
You can tighten or soften this template depending on the relationship. For longstanding clients where you genuinely hope to work together again, you might emphasise the history of collaboration and be more explicit about your willingness to discount a portion in exchange for prompt payment of the rest. For clear bad actors, you might give a shorter deadline and be firmer in describing potential next steps.
Frequently asked questions about demand letters for marketing and creative agencies
Can a client legally refuse to pay just because the campaign did not work?
Generally, no. Unless your contract explicitly conditions payment on achieving specific metrics, the client’s obligation is to pay for the services you agreed to perform. Advertising and marketing agreements routinely make clear that agencies do not guarantee specific results; they commit to professional effort and execution.(tradition.agency) A client who received what was promised and now withholds payment purely because they are unhappy with results is not exercising a built-in right; they are breaching the agreement.
What if our contract says nothing about guarantees or performance?
Even without a written “no guarantee” clause, courts usually do not assume that a marketing agreement guarantees any particular sales outcome. They ask what the parties actually agreed to. If your proposal, emails and conduct show that you agreed to deliver specific services and assets, and you did so, you still have a strong claim for payment. Quantum meruit and unjust enrichment theories can help fill in gaps when the contract is incomplete, by allowing you to recover the reasonable value of your services when a client has requested and accepted them.(Cornell Law School)
What if we actually promised “guaranteed results” in our marketing?
If your own sales materials or contracts include phrases like “we guarantee a 5x ROAS” or “we guarantee 100 qualified leads in 30 days,” you have shifted the risk. Over-aggressive guarantees can be more than a contract problem; they can raise regulatory concerns under rules against deceptive advertising and earnings claims.(Federal Trade Commission) That does not mean you have no right to any payment when a guarantee is not met, but it complicates your position. You may need to treat those promises as a separate issue and consider whether a partial refund or credit is the best way to balance your reputation, regulatory risk and economics.
How do I know if a client’s complaint is genuine or just a pretext not to pay?
Look at the timeline and the specifics. If performance concerns were raised early, you agreed on corrective actions, and you failed to take them, their dissatisfaction is more credible. If, by contrast, you delivered the work, got approvals, ran campaigns as agreed, and only heard serious complaints after invoices became due, the “no results” narrative looks more like a pretext. Written communication is your best evidence here. Vague, late complaints paired with silence on invoices are red flags.
Does offering a discount or payment plan weaken my position?
Offering a discount or payment plan does not automatically weaken your position. It can be a strategic choice to reduce collection risk and preserve some relationship value. The key is how you frame it. You can say that you stand by the work and believe the full amount is owed, but that in the interest of resolving the matter quickly you are willing to accept a smaller amount if paid by a specific date. That reads as pragmatic, not as an admission that you never deserved the full fee.
Should I immediately shut down campaigns or access if the client stops paying?
There is a difference between refusing to continue new work when invoices are unpaid and unilaterally shutting off live campaigns or revoking access to assets the client already paid for. Ethically and legally, you are on safest ground when you stop future work and clearly communicate the reason, while leaving past deliverables in place. If a significant portion of the work has never been paid for, you may have more leverage over assets still under your control, but you should be careful about any action that could be characterised as holding critical systems hostage, especially if an abrupt shutdown could harm third parties.
How do chargebacks and payment disputes affect this?
In some arrangements, particularly with smaller clients paying by card or PayPal, the client may attempt a chargeback rather than openly refusing to pay. That is not a judgment on the merits; it is a bank procedure. You should respond with documentation of the agreement and the services delivered. A chargeback that is resolved against you may still leave you with a contract claim against the client for the unpaid amount. Your demand letter can reference the chargeback as one of the steps they took while reminding them that the underlying debt remains.
Can I mention legal concepts like quantum meruit or unjust enrichment in my demand letter?
You can, but you do not have to. If you choose to, keep it simple and accurate. For example, you can write that by requesting and using your services without paying for them, the client is being unjustly enriched and that the law recognises claims to recover the reasonable value of such services under doctrines like quantum meruit.(Cornell Law School) Many agencies prefer to keep letters in plain English and reserve legal jargon for conversations with actual counsel.
Is it a good idea to threaten to “expose” the client publicly?
Public shaming feels satisfying in the moment and almost always looks bad later. Openly threatening to disparage clients can expose you to your own legal risk, including defamation or breach of confidentiality claims, and can damage your reputation with prospective clients who see you as volatile. A better approach is to focus your letter on the concrete payment dispute, mention that you will consider all appropriate legal remedies, and let the client infer the rest. If your contract allows for factual case studies or portfolio use, you can still quietly showcase the work without turning it into a public feud.
Can I copy the client’s investors, board or major partners on my demand letter?
Copying third parties amplifies pressure but also risk. Unless your agreement specifically contemplates communication with certain stakeholders, broadcasting a payment dispute beyond the people who need to see it can be seen as an attempt to harm the client’s business relationships. That may edge into interference or defamation territory, especially if you mischaracterise facts. In most cases, it is safer to address your letter to the people responsible for the contract and payment, such as the CEO, CMO or CFO, and keep it there.
Should I mention the possibility of legal action in the letter?
Yes, in a calm and proportional way. A demand letter that never mentions consequences is easy to ignore. You do not need to threaten lawsuits in capital letters. A simple sentence near the end saying that, if payment is not received, you will consider all formal options available for recovering unpaid professional fees is enough. It signals seriousness without locking you into any specific forum or strategy.
Where would I actually sue if it came to that?
The answer depends on your contract’s governing law and venue clauses, as well as the locations of you and the client. Many agency agreements specify a jurisdiction and sometimes an exclusive forum such as the courts of a particular state or country. In smaller disputes, agencies often use small-claims courts in their own jurisdiction if local rules and the contract allow. Cross-border enforcement, arbitration and choice-of-law issues quickly become complex. A demand letter does not need to commit you to a path, but if you are seriously considering litigation, it is wise to get advice specific to your situation.
Does sending a demand letter mean the relationship is over?
Not always. Some clients respond poorly to everything except structured, serious communication. A clear, respectful demand letter can sometimes reset the conversation: it signals that the casual avoidance has to stop and that you expect to be treated as a professional peer, not as a disposable vendor. In a few cases, relationships have actually improved after such a reset, especially where the non-payment problem stemmed more from internal chaos than from bad faith. That said, if a client has deliberately used “no results” as a pretext to avoid paying for work they approved and used, you may decide you are better off not working with them again.
What if the client is genuinely in financial trouble?
It happens. Cash-flow crises, funding rounds that fall through, sudden revenue drops. In those situations, a total write-off on your side is not the only option. You might consider structured payment plans, partial settlements, or exchanging a discount for an accelerated payment on the reduced amount. The key is clarity. A written agreement that sets out exactly what will be paid, by when, and what happens if they default again is far better than vague promises of “we will pay when things improve.”
Can I use the same template if I am a solo consultant rather than an agency?
Yes. The principles are the same whether you are a one-person shop or a fifty-person team. You provided services, the client received them, and they are now using “we didn’t get results” as a reason not to pay. You would simply adjust the template to reflect “I” instead of “we” and strip out references to teams or departments.
How do I avoid reaching the demand letter stage in the first place?
Prevention is partly structural and partly cultural. Structurally, tighten your contracts: specify scope, include clear “no guarantee of results” language, tie fees to phases rather than only to end-state outcomes, and define your performance standard as professional effort rather than specific ROI.(Selene the Lawyer) Culturally, be more candid up front about what marketing can and cannot do. The more you resist overselling in the sales process, the less leverage clients have to claim that they were promised miracles. When performance issues arise, address them early, document your recommendations, and avoid letting invoices accumulate while tensions simmer unspoken.
Marketing and creative work will always involve some degree of uncertainty. That is the game. What does not have to be uncertain is whether you get paid for the work you actually do. A well-structured demand letter is not about turning every imperfect campaign into a courtroom drama. It is about drawing a clear line around your value, in writing, so that clients understand that results may be variable, but respect for your work and your team is not.