“Listen, I am little short this week… but I’ll make it up to you, I swear.” – Duddy Kravitz
Sorry, this should have been required. There were many opportunities to avoid this. This is at the least the fourth time I have started to write something. Decided in the end that I should just let the issue die but that apparently that was not good enough. It simply caused me more grief and confusion for others.
Before we get into the issue let me clear that this only has to do with WFTDA’s ‘2026 Postseason WFTDA Photo Agreement’ and their behaviour surrounding it. This is not about anything else that WFTDA does or not does not do.
Earlier in the year I put in an application for the North America North East Regionals hosted by Tri-City Roller Derby in Waterloo. The application process is controlled by WFTDA. After getting initial acceptance came the part where you have to sign their photography contract.
There have long been issues with their contracts. I assumed after reading about many of the issues that they were centred around rights’ issues ie copyright. For the most part it was not that bad yet after review issues arose. Prior to any of this I was looking into these type contracts for another project I was considering and learned a lot. This helped me realize there are liability issues and then other issues that could reduce other rights with the contract in question. I refused to sign it and was removed from the acceptance list.
You are probably thinking, “why do you keep calling it a contract when it says ‘agreement’ in its title?” It does not matter what it is called but rather how it is formed. It is formed as a contract and uses verbiage common to contracts. The difference is important and in itself can create liabilities for both sides. Contracts have long established rules on how one must conduct themselves. Contracts are quite common between consumers, businesses, and media. They can also exist for relationships between organizations and unpaid volunteers. It is indifferent to this issue what the relationship is. It is a contract that WFTDA uses heavy handed tactics to force photographers who they are asking to volunteer sign.
At the heart of any contract is that two parties negotiate the terms before agreeing to them. WFTDA starts off with a threat. Sign it as is or you will not get accepted.
WFTDA’s view is that photographers can have input through the Tournament Head Photographers (THP) whom they throw under the bus as fast as they can. Apparently the TPHs came up with the contract. Were they provided any guidance on the how to write a contract and/or legal advice on what to cover? No. Mismanagement is likely an understatement here.
I asked for changes. First it was only one change but WFTDA’s responses to things just begged more review.
The first request was to prominently post signs advising people that video and photography would be occurring. There is no legal requirement for this. It is a good practice under privacy concerns. I was told the host would do it but would not put that in the contract. So now you have the host who is not signing the contract responsible for a possible risk. Yet if something does go wrong I am paying for it. Privacy is not the serious concern here. Protecting people is. Will tie this together with the next paragraph.
Another request was to declare a jurisdiction for the contract. You can sign a contract in Canada but terms will say in case of dispute it will be argued in American court. Forgot which state is often picked as it has favourable terms for business. Canada and the USA copyright legislation are quite similar but there are a couple of significant differences. The ignorant response was that they did not think about the differences there might be in different countries legislation. That has never come up for an organization that spans the globe? American copyright gives photographers the right to publish in certain situations hence signs like ‘photography will be occurring’ are less of an issue. More importantly though Canada’s artists have instant “moral rights” where Americans need to write it in. Looking into the face of AI moral rights will likely prove more important than copyright now and in the future. Why would you forgo the protection of legislation that could protect participants from images of themselves being used maliciously? Contract or not I have responsibility to ensure my images are not used in crass ways.
WFTDA has chosen big-corporate-style wording for their contract. I have been involved with with photography for over 30 years. For almost 15 years I worked with photographers ranging from the consumer to the top names printing their photos. I have seen new photographers, who had really good stuff, struggle to get started for various different reasons. One of those reasons was contract issues. Easiest way to not include someone in photography work just make sure you add someone language that is difficult to interpret. Today with Google it is probably easier but photographers prior would rarely help another interpret a contract. Roller derby benefits, granted that may be arguable given the ever growing popularity of video, from new photographers coming and photographing games. Equipment is expensive especially for those of less means. I find it offensive I am asked to sign something that I know if left unchallenged it will rob others of chances to grow their photography. I do not want an advantage over them cause I know what is and is not enforceable in a contract along with what needs to be addressed before signing.
I was floored as it became apparent, in my opinion, that WFTDA did not understand their contract. If you are going to put together a contract like that you should know that contract rock solid well. You cannot play the “we are all volunteers” while dumping liabilities on volunteers. It is further nauseating to listen to Covid excuses when issues about the contracts have been known about for at least eight years. How serious is it for a photographer that WFTDA does not seem to know their contract? For a Canadian photographer travelling into the USA to photograph a game covered by the contract… whatever the hell you do not put WFTDA on the phone if you have pulled into secondary inspection. A dramatic example but nonetheless not understanding puts everyone at risk.
I am not here to make the case that paperwork should be ignored. The reality is that it is needed. Even a small league has to make sure they meet the requirements put on them by things like insurance. I found a contract that is used by at least two leagues in Ontario. They use a collaborative approach in the contract. It is evident they got some advice creating it. They make clear it is not an employment contract. Yes, a contract may be deemed an employment contract by the Ministry of Labour. That means a photographer getting injured could require a report to the Ministry. They also talk about everyone using good judgement in what photographs to show not show.
WFTDA is unwilling to address things creates extra liabilities which they demand you hold them harmless for in the event something happens. Right. You can never get rid of all liability but you can mitigate them which is done by addressing the terms in contract. Eg. Putting up signs about photography taking place can mitigate risks privacy complaints or suits yet you need that written in. Why would WTFDA not try to reduce these risks for their volunteers?
What are your risks? Generally (this is not legal advice) if a claim arises in Ontario where you are a volunteer and you have not done anything malicious or something you were told not to do the courts will make the organizer pay. (I again caution this is a simplification.) This is of course the court follows what Ontario courts have done for decades, sometimes they do not. Only Nova Scotia has legislation protecting volunteers explicitly. You are $5,000 – $10,000 at least in legal fees to get let out of the claim.
WFTDA did make some assurances things will be addressed in the future if I signed the contract. They also said they would value my input in the future for any changes that they should consider. While it did nothing for the now it was appreciated for the future changes it may bring about. Then they pulled a real scumbag move. On the Sunday before the tournament they sent out a second hold-harmless-type agreement attached directly to a copy of the contract saying you needed to sign it within 24 hours. Fail to sign and you are out.
“… HAVE SIGNED IT VOLUNTARILY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, ORAL, OR WRITTEN, AND INTEND THIS AGREEMENT TO BE COMPLETE AND UNCONDITIONAL…” – Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement – received May 30th, 2026
A whole lot went bad here unnecessarily. Yet they want to make it worse? We know how things worked out for Duddy in the end.
WFTDA has every right to pick who gets accepted to any event. Yet if it is going to do that through a contract it needs to understand what its contract says and what their responsibilities are. They sure want the protection they think their contract gives them.
I know by posting this it will make some people angry. So be it. Just be honest about it. Zero interest in showing up where I am not wanted.
Been volunteering for 13 years and you will be hard pressed to find anyone that will say I have asked for more than a bottle of water or to get a guest in free. I do not do this for money. It is something I do cause I truly enjoy. Yet I am not up to eating shit. Each hour of photography takes 2-3 hours of editing. Add travel time and accommodations to that. Beginning of this year I was full of piss and vinegar ready for a full calendar. I worked out that I could do three tournaments in a row for the first time. Now WTFDA wants volunteers to take on risks with no effort to help mitigate them? It is really not rocket science.
There is nothing that can be done to fix this. Damage done. Cannot get any of the experiences back. I have cut out those organizations that I have lost all respect for. It was suggested that I was upset about not going to champs. Bizarre. Yes I did mention somewhere or to someone I wanted to go so I could follow the route my maternal grandparents followed through Sweden after WW2. Something unrelated to derby made that unworkable as of last April.
Still going to encourage photographers to photograph roller derby just going to get them to make sure they read and understand what they are signing.
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If you like to have a rebuttal posted please send it to darrenstehr at gmail dot com and I will post here.
