The Kickball Khronicle

Just KICK It

2006-09-25T15:03:00.000-04:00

Apparently I'm not the only one who thinks bunting is unmanly. Now there's a whole website devoted to getting rid of the bunt. If you go to nobunting.com, you can find out exactly what sucks about bunting.

The site lists the 10 anti-bunting Commandmants. Among the Commandmants is this gem .....

Thou shalt not covet the victories of the bunting, for they are hardly victories at all, but only in a way that a losing match of tetherball is a victory for the ball.

That one is Commandmant No. X by the way. Commandmant No. I, of course is this .......

Thou shalt keep the ‘kick’ in kickball.

That sounds pretty good to me!! Kick that ball!

Nobunting.com also features an advice column (Ask Dr. Kick), but so far no advice has been posted. The website also has an online store where you can buy shirts and pins and stuff because ya know, who doesn't need to spend more money on the kickball experience?

Red Ball and Red Stick

2006-08-28T11:00:00.000-04:00

I got an email about Baton Rouge having an 8 team league (RSAK - Red Stick Area Kickball) and New Orleans having a bar league called KoCC (Kickball of the Crescent City). Good to hear that kickball is alive and well in the state of Louisiana after what that state has been through lately.

(I guess there's a good reason why the state looks like a foot after all!!!)

RSAK can be found at www.myspace.com/redstickareakickball. KOCC can be found at www.kocckickball.com.

With team names like the Duckfarts, the 69ers, Team PBR and the Drunken Tigers, it sounds like the people in Louisiana are ready for some fun .... some real dirty fun.

Brooklyn Toinamint Nears

2006-05-22T13:07:00.000-04:00

Brooklynites are planning a kickball tournament for July 1st in (where else?) Brooklyn.

Brooklyn Kickball organizers already reserved fields for from 1PM through 10PM, as well as a sound permit for bands and DJs all day long.

Here's a look at how the tournament will work.

BK is allowing a max of 3 teams (minimum 10 people max 20 - must have AT LEAST 3 women on the playing field) per league.

Organizers want all the teams registered by June 1st so they can set up brackets, approximate playing times, and take over other fields by force if needed.

There is no cost. It's free. Well, sort of. Everything happening at McCarren Park on Saturday is going to be free. There's no cost to play in the tournament. Organizers will have a hot grill running all day, NA beverages, and entertainment aside from kickball. They are also putting together an after party where they hope to have some local drink sponsors help out with drink specials. The cost of transportation, lodging and any other NYC good times are totally on the backs of the participants.

But organizers are currently trying to put together some group rates for a number of area Best Western hotels. They don't have confirmation on these rates, and if participants want to take matters into their own hands, they should get on it. (One reccommendations is the Best Western City View in Long Island City, which is about 10 minutes from the park or the Best Western Woodside which is about a 15 minute drive. Also, any hotel in the times square / midtown area will be relatively close.)

BK has put up their rules on the web. They will have 3 teams of umps hand picked from their league policing the games, rotating throughout the day.

"Our most important rule is to have fun, it's kickball, there's no need to fight, argue, or be a jerk, and if you're being a big enough jerk, we have no problem asking people to leave," said orgnaizer Joe Visconti.

Kikipedia

2006-03-20T12:33:00.000-05:00

What is WAKA?

According to the kickball entry on Wikipedia today, WAKA is "currently the largest governing body of organized adult kickball leagues." The entry also says "many other independent leagues operate throughout the United States."

But if you had checked Wikipedia earlier this month you would have read that "WAKA claims to be the governing body of this friendly adult game." You also would have read that WAKA has "sued various independent leagues in order to protect their intellectual property."

So there's a Wiki tug of war going on. Someone edits the entry and then a few days or weeks later someone else comes along and unedits the entry. You can check this all out by comparing the current/last links under the History tab on any Wikipedia article. The Wikipedia gods say that entries should be factual and avoid bias and opinion as much as possible...... but it doesn't always work out that way.

The Wiki tug of war is not limited to the entry on kickball. Recent media reports have shown that congressional staffers routinely edit Wikipedia entries to show their bosses (the members of Congress) in a more positive light or to show political rivals in a less positive light.

Now we have the same thing going on here with kickball. If you check the history of the Wikipedia kickball entry, you will see that many times over the past year individuals have gone back and forth changing the language of the kickball entry. Anyone can come along and edit a Wikipedia entry. It's an entirely open process......which can be a big drawback. So one editor comes along and gives a little more credit to WAKA and then another editor comes along and gives a little less credit to WAKA.

Truth be told, the entry should be about kickball the sport/game, not about WAKA or any other organization. And mostly the article does stay focused on the sport in general---but you can't talk about kickball these days without mentioning at least one organizing body.

The latest Wikipedia discussion thread for the kickball article addresses what should or should not be mentioned in the entry on kickball. The first post in the discussion suggests that mention of a WAKA lawsuit is not especially relevant to the article on kickball. OK so it is not exactly the debate of the century, but fans of Wikipedia and kickball might enjoy discussing the topic.

Kicking Back

2006-03-06T10:52:00.002-05:00

The Washington City Paper has an article on WAKA and their battle with new non-WAKA kickball leagues.

According to the article, a central issue in this legal dispute appears to be copyright infringement for unauthorized use of WAKA’s co-ed kickball rules, including “the clearly unique requirement that there be 4 men AND 4 women at a minimum to play”.

The article (titled "Playground Bully, Kickball's Goliath prepares to stomp some Davids") mentions WAKA's fight against DC Kickball and NAKID Kickball and it also has a quote from Larry Betz, the founder of a kickball league in Little Rock, Arkansas.......

“They were saying I was infringing on their intellectual property, that I was basically stealing their property by using their rules,” Betz says. “I immediately wrote back informing them that I had never heard of their group or their rules when I wrote my rules. I lifted my rules from Little League [baseball], to tell you the truth. I mean, it’s a child’s game we’re talking about!”

And here's another interesting quote from the article .......

In a 1998 interview with the City Paper, back when WAKA consisted of a few teams of yuppie 20-somethings gathering on the mall for irony-laden games, co-founder Johnny LeHane told me that he’d cobbled together the rules for his then-fledgling league from softball and his childhood memories of playing kickball (“Like a Red Rubber Ball,” Cheap Seats, 5/29/98).

So it sounds to me like this stuff is neither intellectual nor property. I don't claim to be any kind of legal scholar, so I could be wrong. But I am left wondering whether WAKA has forgotten where "their rules" came from. The basic rules were out there in the public domain for decades and decades. Remember your childhood? Those basic rules belonged to YOU and everyone else who played kickball in the schoolyard back in the 70's and 80's and 90's and beyond. They still belong to you.

I found this old comment from WAKA's web site from a few years ago. .....

"One of the things people love most about kickball is the way it takes them back to the time of their youth. It's hard to talk about kickball without recanting the story of that sunny day, long past, on a playground far, far away where you stood fast in the face of the big kid. Far out in left field you stood, waiting for that big red ball, falling from the sky like a meteor. At the last minute you winced and your eyes closed. A moment later it was over, ball caught, victory declared. Are long lost memories of fifth grade filling your head too? Sure you certainly can't re-live your youth, but who says the fun has to stop once you grow up?"

Nowadays on the site, you don't find a whole lot of mention about youth or childhood or elementary school. Go ahead. See for yourself. All you will find is mention of providing and promoting "the joy of kickball to those young at heart." So if you were new to the planet and had never heard of kickball before and you were reading WAKA's site today, you might just think that WAKA invented kickball.

They didn't though. Just ask around.

Got Protection? (You Can't Get Screwed Without It. Or Can You?)

2006-02-21T14:40:00.001-05:00

The message at the bottom of this post (in blue lettering) appears on WAKA's website at http://www.kickball.com/yourwakaexperience.html

This is highly interesting because I have heard that some people got cease and desist notices from WAKA recently. (I have not seen the letters.) WAKA, which is a corporation, is not the only organization coordinating kickball games in the DC area. So it would make sense that WAKA would want to try to protect its business. But playing the intellectual property card sounds like a stretch. (This is about recreational sports and drinking, two things that have been tied to each other for decades. Right? What has been invented here aside from logos and stuff like that? Kickball has been around forever right? WAKA surely didn't invent it. That's a fact.)

Another interesting thing about the text below is that it discusses protecting "the Association" (the CORPORATION) from anyone trying to take advantage of the "hard work" of the" players" (i.e., CUSTOMERS).

That makes me chuckle. Who works for whom these days? Anyway, here is what WAKA has to say about protection and intellectual property .....

Your WAKA Experience

Nearly a decade ago WAKA’s founders created the novel concept of an adult social kickball league and through WAKA have been providing this unique experience ever since. This social kickball system was started with the social-player in mind and is protected by various intellectual property laws. Tens of thousands of players continue to enjoy WAKA’s distinctive experience. WAKA continually works to maintain and enhance this experience, through rules updates and enhancements in the kickball and social aspects to support the all-important social interaction among players both on and off the field.

WAKA continues to invest in its ideas, employees and players to guarantee that the league runs as smoothly as possible. We are committed to providing players with the best possible service and experience – for every game, every event, every time.

WAKA works with dozens of outside organizations and plans numerous events to help even more people enjoy the unique WAKA Kickball experience. On behalf of both the players and the employees, WAKA is obligated to protect the Association from anyone or anything that seeks to malign, misrepresent or otherwise take advantage of the hard work and dedication of the combined WAKA elements (the players, employees and organization). WAKA is ensuring that the WAKA Kickball experience players love today will survive and thrive tomorrow and beyond.

If you have any comments or questions about WAKA, please feel free to use the contact WAKA page.

Registration Blues?

2006-02-07T12:44:00.000-05:00

If you plan to play in WAKA this year, you'll have to wait just a little bit longer before you can register. Here's the WAKA statement that was passed along to the Khronicle....

"We've been working very hard to get our registration system updated in time to open registration tomorrow. Unfortunately, we do not feel it's quite ready and will need to delay 2 extra days. On Thursday Feb 9th, once we open registration, board members and team captains will be able to register. On Monday, Feb 13th, registration can open up for the returning team players to sign up or for new players to sign up - whatever the division needs. Please accept our sincerest apologies for having to move registration back a few days. However, we hope to have a great and easy registration system for you and the rest of the players within your division!"

Hmmmm. ..... I wonder if Punxsutawney Phil had anything to do with this.

Feelin' NAKID

2006-02-01T11:58:00.000-05:00

The Kicker recently heard that some former WAKA players/customers have "broken free" from their WAKA division and started something called the New Adult Kickballers in DC (NAKID) league. The new league plays on Sundays.

The NAKID registration fee, as advertised on the league's site, is lower than what WAKA has historically charged. The NAKID fee is advertised as $42 if you register by 2/14. (I am also told that the fee is only $10 for captains.) WAKA typically charges around $60.

The new league also allows "flexibility with the roster and forfeiting rules." Why? To avoid problems when people sign up, pay their money, but are never seen and just take up space on a filled roster.

NAKID also plays with blue balls. ....(A punchline would just be too easy here.)

For more information, you can go to www.playnakid.com and read all about the new league.

Kickball Season Approaches!

2006-01-30T13:12:00.000-05:00

Kickball organizations are starting to open registration for spring and summer seasons. That means it's time for The Kickball Khronicle to start gabbing about kickball happenings again. (The Khronicle hibernates in the fall and winter. Can you blame us?)

So stay tuned. This blog should be updated every Monday (or every other Monday) during the height of the kickball season. (Sometimes things get crazy and it gets updated multiple times in a week!)

2006 looks like it will be one hell of a season, too. Kickball is getting more and more attention in the press. And the good ol' sport is growing in "re-popularity" as adults "re-discover" it, with new kickball organizations sprouting up every time you turn around, it seems. In fact, later this week, the Khronicle will be bringing you news on a hot new kickball league making a big splash in a hot market. Keep your eye on this page!

-The Kicker

The Economics of Kickball

2005-11-02T17:18:00.000-05:00

The Oct. 20 issue of The Economist magazine reports on independent kickball in Little Rock, Arkansas. You can check out the article at the following link. Unfortunately, you have to be a subscriber to read the whole thing. But here's a snippet ...

A game takes off
Oct 20th 2005
From The Economist print edition

ON ANY Sunday afternoon you can expect to see a squad of Zombies, dressed in spray-painted white button-downs with fake blood dripping on their arms, an oversized inflatable fish as a mascot and, in the background, plenty of beer. Like the Eco-Savants, the Loaded Bases and the Betty Ford All Stars, the Zombies are an Arkansas kickball team. …

http://www.economist.com/diversions/displayStory.cfm?story_id=5061409&tranMode=none

Kickball Rebel Alliance

2005-07-18T10:12:00.000-04:00

Kickball is a national sport. And national sports lend themselves to national tournaments and national championships. But such events require organization. Such organization, however, does not necessarily have to be heavily centralized and controlled. Or so it has been proposed.

The folks over at the Little Rock Kickball Association have put forth the idea of a "Kickball Rebel Alliance." If you check out their site, you'll see that the thrust of such an alliance would be to "unite for the purpose and promise of good times, community, charity and in the hopes that Kickball will once again be a game enjoyed by all."

If you read further, you will see that a good chunk of the "KRA" idea is based on reacting to the current for-profit kickball "empire." In my opinion, the "Rebel" part is not all that necessary. Yes, some kickballers feel like they can't play national kickball without playing with WAKA. But the idea of a Kickball Alliance has always been possible--even when WAKA was just a glimmer in its founders' eyes. So it doesn't have to be about Rebelling. It has to be about Allying.

I can envision a loose collective of kickball leagues (each doing things their own way and maybe even playing with varying sets of rules). This collective or alliance would not be constricted by any overwhelming corporate structure. Further, these leagues could unify/ally maybe once a year to hold some sort of tournament.

Rules (and seasonal timing) would be the big issue. But it could be done. Olympians do it all the time, switching between their native rules and international Olympic rules. What needs to happen is a Kickball Congress, in which the various independent kickball leagues get together and agree on a tournament structure, a schedule, and common tournament rules (to bunt or not to bunt? distance between bases? etc.). Moreover, those rules-for-tournament could be made publicly available and free (open source, if you will) to anyone who wants to use them to start their own kickball league--with the potential of one day playing in the Kickball (Rebel) Alliance Tournament.

Again, it doesn't have to be about WAKA. It's about leveraging what is already there into something with national potential. Independent kickball divisions will continue to emerge, populated by people who do not want or need a more corporate kickball template. And some of those who play in such leagues will want to interact beyond their division. A kickball alliance is a solution.

Ultimately, such an alliance would be about choice. Some leagues will want to stay insular and not bother with tournaments and interleague play. But others, especially those in close proximity to other leagues, might want to test their mettle against their brethren across state lines. In a way, the model I envision is a lot like the "states' rights" model envisioned at the founding of our country: strong local governance and a weak central government acting more or less like glue to keep the whole alliance together and to provide some commonality where necessary.

So let the alliance begin! All that's needed is a little energy. And you kickball Jedis already know where to find that, don't you? Just use the Force (and the force play where applicable). So do or do not. There is no try.

Less fun? (WSJ Article on Kickball)

2005-07-06T12:16:00.000-04:00

The article below appeared in the Wall Street Journal on July 6, 2005. You can find the article online at http://www.post-gazette.com/pg/05187/533670.stm.

Playing kickball is much less fun with adults

Wednesday, July 06, 2005

By Yochi J. Dreazen, The Wall Street Journal

WASHINGTON -- Often associated with elementary-school gym classes, kickball now attracts hordes of recent college graduates who appreciate its combination of minimal physical exertion, ample game-time socializing and postgame drinking.

The largest kickball league, the World Adult Kickball Association, runs 70 divisions in 18 states across the country and claims a total of more than 14,000 players. It recently expanded to Iraq, where a former Washington-area player launched a minidivision on his Marine base near the flashpoint city of Fallujah.

The sport has also become a profitable business. WAKA, which has 30 paid employees and dozens of volunteer division officers, says it will gross nearly a million dollars this year from player fees.

Now, the league is facing a competitor eager to challenge it at its own game. Carter Rabasa, who ran a WAKA division for two years, launched his rival DCKickball league in May with 16 teams and 400 players. And as kickball grows in both popularity and profitability, the former children's game is setting off a most adult-like fight.

"WAKA is a monopoly, but there doesn't seem to be any structural reason for that to be the case," says Mr. Rabasa, an information-technology consultant. "Despite their dominance, I can create a compelling product, market it to the same people, and start taking their customers."

WAKA's founders, for their part, accuse Mr. Rabasa of building his league with intellectual property he took after a short stint working for their company.

"Everything he learned about kickball he learned from WAKA," retorts Johnny LeHane, one of WAKA's four founders.

As a sport, kickball has been around for decades. It follows the same general rules as baseball, except the pitcher rolls the ball to a "batter" who tries to kick it for a base hit or home run. One variation allows defensive players to throw someone out by bouncing the ball off him. Games run five innings and rarely take more than an hour.

Kickball's history as a business, however, dates back just a few years. In 1998, four recent college graduates -- David Lowry, Jimmy Walicek, Rich Humphrey and Mr. LeHane -- were having drinks at a bar here when the conversation turned to finding a way to meet women.

Three of the men had been members of Trigon, a coed engineering fraternity at the University of Virginia, and the group settled on the idea of launching a sports league that mixes athletics and socializing. They decided on kickball, which requires little athletic skill and isn't likely to injure anybody.

The league began on the National Mall here in 1998 with eight teams and grew quickly, fueled by word of mouth and the on-air endorsement of a popular Washington morning deejay who started a team and brought bagpipers and women in bikinis to his games.

By the winter of 2002, the league had grown so big -- with divisions across the Washington area and in several other cities -- that the four founders registered it as a for-profit corporation in Virginia. It now has 11 full-time employees and an additional 19 part-time ones. On its Web site, the company describes itself as the "pre-eminent adult kickball organization and the world governing body of kickball."

"We've tried to take a ridiculous idea and apply sound business management techniques to it," Mr. LeHane says.

Mr. Rabasa, 27 years old, initially had nothing but warm feelings for WAKA. He joined one of its teams almost immediately after moving to downtown Washington five years ago and says kickball quickly became the center of his social universe. "If not for kickball, I wouldn't be friends with half of the people I hang out with now," he says.

Mr. Rabasa captained his team -- the Fockers, named after characters in the 2000 movie "Meet the Parents" -- and then served as the unpaid vice president and later president of his 16-team division. He coordinated games, made sure teams had the equipment they needed, updated his division's Web site, and planned parties.

Mr. Rabasa says that the more he learned about WAKA's inner workings, the more disillusioned he became. He says division heads had virtually no say in the league's operations or management, and he questioned the league's accounting of its finances. On its Web site, WAKA says a portion of each player's registration fee is given back to his or her division's social budget and offers a long list of other costs that are covered by the fees, but it doesn't provide a specific breakdown. Mr. Rabasa says that his WAKA division received just $12 per player back from the league for social functions -- out of fees ranging from $60 to $70. "There's no information on where WAKA's money goes. It's a closed book." he says.

Mr. LeHane says that he and the other WAKA founders spend much of their time communicating by email with players and division heads. He says the league has had virtually no complaints about the size of social budgets. In addition to social functions, WAKA says player fees cover staff salaries, insurance, equipment, Web hosting, and assorted legal and operational costs. The company, which operates out of the home of one of the founders in the Virginia suburb of Chantilly, says it makes a profit but declined to say how much. And Mr. LeHane says WAKA is more transparent with its finances than most private companies. "I don't think a phone company would break down its bills this well," he says.

In the summer of 2004, Mr. Rabasa spotted an opening, and he built a page on his personal Web site that detailed his hopes for a new league -- which he named DCKickball. He asked visitors to make suggestions.

Seeking permits to use Pierce Park in his Adams Morgan neighborhood, Mr. Rabasa pressed his case with city officials and at community meetings by promising that his venture would be different from WAKA, which many in the area blame for an increase in binge drinking and public urination. The WAKA division that uses the park has such a poor reputation in the neighborhood that a local advisory commission passed a nonbinding resolution earlier this year that urged Washington's Department of Parks and Recreation to no longer give WAKA permission to play there.

WAKA spokeswoman Marisa Stanga said the complaints dated back to the league's early years and said the company has since forced teams in the division in question to sign written agreements acknowledging that they'll be ejected from the league if any of their players are caught drinking.

Mr. Rabasa got his city clearances in February. He incorporated his league as a nonprofit and promised prospective players that it would have lower registration fees and a bigger social budget than WAKA has. He tried to launch a Web site for the league.

That's when the feuding began. When Mr. Rabasa went to register www.DCKickball.com, he discovered that it had been taken a few months earlier by Mr. Lowry, one of the four WAKA founders. Visitors to the site were redirected to WAKA's Web site, which says, "Don't be fooled by copycat kickball clubs, WAKA Kickball is the real deal and the full WAKA Experience cannot be matched." WAKA says the timing was coincidental, noting that it had also registered sites such as www.virginiakickball.com and www.texaskickball.com at the same time.

An ex-girlfriend of Mr. Rabasa's then registered a profane Web address including WAKA's name, which directed visitors to the DCKickball home page, www.DCKickball.org. Supporters of WAKA have in turn gone online to defend the league and denounce Mr. Rabasa. On a message board for WAKA's Monument Division here, for instance, Mr. Rabasa's league was derided as a "redheaded stepchild looking for attention."

WAKA has stepped up its legal efforts to protect its intellectual property and block future defections. It has started requiring division heads to sign noncompete agreements that would prevent them from starting leagues of their own. And WAKA has trademarked the slogan, "Everyone Loves Kickball."

Dear Customer: Don't Compete with WAKA!

2005-06-29T10:42:00.000-04:00

[UPDATE - July 1, 2005 ....... I have been told that WAKA has removed the non-compete/non-disclosure from its registration process. I will attempt to confirm this 100% later on, but I have no reason to doubt that it is true. WAKA should be applauded for doing the right thing. Putting players' interests first is good for non-profits as well as for for-profits such as WAKA. And all around, it's also good for the game of kickball, the game we all love. ....... My original essay, before removal of the NC/NDA, is below.]

A little birdie tells us that the new WAKA registration process requires players to agree to a non-compete when signing up to play kickball. That's right. CUSTOMERS have to agree to a NON-COMPETE if they want to register. (Usually, EMPLOYEES sign non-competes, NOT customers.)

The text from the non-compete is below. It covers a period of three years.

I'm not baffled that WAKA is eager to protect its virtual monopoly, but I am baffled that WAKA would be so brazen as to ask its customers to agree not to "engage in ... any business ... that competes with any present or proposed business operations of [WAKA]." So does this mean that once you sign up as a WAKA customer, you can't become a customer of any other kickball organization? (I guess that's for a judge or jury to decide.) To me, this is sort of like Cingular asking you to sign a three-year contract and then telling you that you can't use any other cell phone providers while you're using Cingular.

WAKA will likely defend the non-compete as necessary to protect trade secrets. Good for them. But WAKA needs to understand that what it does (using the Internet to register people, providing T-shirts, landing sponsor bars, providing equipment) is far from secret. The true secrets are what the customers DO NOT have access to. So why, therefore, should customers be involved in the non-compete process?

Maybe it's because WAKA has no true trade secrets--no knowledge or edge or idea pool or special technique or proprietary information that sets WAKA apart from would-be competitors. Perhaps WAKA, realizing that they have no secrets, are considering EVERYTHING sensitive or secret and are, though this non-compete, attempting to scare all players to stay put and keep their mouths shut.

Instead of improving the experience, WAKA is attempting to use legal scare tactics to protect what is already a bittersweet experience, in which customers pay $60+ for what? An ID card and bumper stickers and the right to make that payment via the Web?

What this all tells me is that WAKA has no sense of what it means to be a competitive business operating in a free market. Typically, businesses, when faced with competition, attempt to distinguish themselves not by cloaking all operations in secrecy and enslaving customers through agreements. Instead, they attempt to distinguish themselves by OFFERING BETTER SERVICE. This latest development with the non-compete leads me to believe that the WAKA experience will only get worse, not better, as time goes by.

I invite WAKA's rebuttal here. If indeed there's no reason to fear the non-compete, if indeed it's not as scary as it sounds, if indeed I CAN leave WAKA and go play for another organization, well then fine. Make it easy. DROP THE DAMN NON-COMPETE and start acting like a customer-trusting, responsible, grown-up business.

If the issue is that you, WAKA, rely sometimes on customers to serve as volunteer employees handling secret information, well then here's a solution: PAY THOSE PEOPLE as EMPLOYEES or hire employees proper and cover your ass. Right now, the customers run your division. They do all the work. So it's a slap in the face for you to try to capitalize on their hard work through a non-compete when you don't even pay those people. Shame on you, WAKA!

Here's the text--

WAKA (WORLD ADULT KICKBALL ASSOCIATION)
NON-DISCLOSURE & NON-COMPETE AGREEMENT
This Non-Disclosure & Non-Compete Agreement (this "Agreement") is effective as of June 28, 2005 by WAKA ("WAKA", the World Adult Kickball Association) and [PLAYER'S NAME APPEARS HERE] (the "Player"). The Player desires to participate as a player in the sport of adult kickball in a league or division organized, authorized or sanctioned by WAKA, and in connection with such participation, the Player may be privy to certain confidential information regarding WAKA and its business or operations, and the sport of adult kickball. In consideration of the disclosure of such confidential information to the Player and the willingness of WAKA to allow the Player to participate in the sport of adult kickball under a league or division organized, authorized or sanctioned by WAKA, the parties agree as follows:

I. Non-Competition. During the period of participation in the sport of adult kickball in any league or division organized, authorized or sanctioned by WAKA, its successors, assigns or affiliates (collectively, the "Protected Party"), and for a period of three (3) years following termination (for any reason whatsoever) of such participation (collectively, the "Restrictive Term"), the Player agrees not to, directly or indirectly: (a) engage in, or acquire an interest in, any business, or serve as an agent, member, officer, partner, director, employee, investor, or contractor of any business that competes with any present or proposed business operations of the Protected Party, as such operations are now, or may be in the future, conducted anywhere in the United States; (b) attempt to persuade any current or prospective player or participant to participate in the sport of adult kickball in any league or division organized, authorized or sanctioned by WAKA; or (c) hire, offer, recruit, solicit, or attempt to influence, any person who either is a current, past or prospective employee or contractor of the Protected Party.

II. Non-Disclosure. During the Restrictive Term, the Player agrees to maintain in strictest confidence all information that is confidential to the Protected Party ("Confidential Information"), which shall include but not be limited to: (i) patent, copyright & trademark applications, (ii) any process, concept or idea that may give an advantage to competitors, and (iii) designs, techniques, specifications, diagrams, vendor names, business plans, financial information, customer lists and records, product names, descriptions, instructions or packaging designs, marketing and development plans, or the like; provided, however, that Confidential Information shall not include information which is already in the Player's knowledge or in the public domain at the time of disclosure. Unless authorized in writing, the Player may not sell, use, publish, or disclose any Confidential Information to any other party. The Player agrees that it shall not acquire any interest in any Confidential Information, and all Confidential Information remains the property of the Protected Party.

III. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. This Agreement shall be governed by the laws of the Commonwealth of Virginia, and parties consent to personal jurisdiction in Fairfax County. The Player agrees that no failure or delay by the Protected Party in exercising any right hereunder shall operate as a waiver thereof. The Player understands and agrees that the Protected Party will suffer irreparable harm in the event of any breach hereunder and that monetary damages will be inadequate to compensate for such breach, and that the Protected Party may be entitled to receive preliminary and permanent injunctive relief. If any restriction contained herein is found by a court to be unreasonable in duration, scope or character, the restriction shall not be rendered unenforceable, but rather the restriction shall be deemed modified with retroactive effect to render such restriction and such restriction shall be enforced as thus modified. If the court refuses to reduce or modify the restriction, then the parties agree to a revision having an effect as close as permitted by law to the restriction declared unenforceable. The parties agree that if a court determines that any portion of any restriction herein is unenforceable, the remaining provisions of this Agreement shall remain valid and enforceable. In the event of a dispute between the parties, the losing party shall pay the prevailing party reasonable attorney fees.

Mystery Solved!

2005-06-27T12:10:00.000-04:00

The following item appeared last week on the website of WAKA's Constitution Division. A previous anonymous item on the website (see "It's Just Kickball, Right?") had spoken critically of WAKA's practices, and the item was promptly removed by WAKA. This more recent item (a retort of sorts) addresses some of the concerns raised in the original critical "Mystery Guest" essay.

http://www.worldkickball.com/dcconstitution/gmot/girls.html

Ghost Man on Third - A Note from the Girls On Top

Hey Constitution Kickballers:

We are at the mid season point and, from what we have seen and heard, on the whole, things have been going great. Playing on one night has given us a chance to all know each other, both on the field and at the Times. So far, only one week was rained out, we are figuring out what's fair and foul, and no squatters have duke it out with those crazy softballers.

Even though things are going well, it seems some issues have arisen. There are teams who have taken the competition off the field and not in a positive way. And with the new league in town, some folks are wondering, what has WAKA done for me lately? So we thought that each week in our GMOT we would try to address some of the issues that are effecting the whole division. This is our first shot, so let us know what you think. And if there is something you would like us to address, let us know, either via e-mail or on the fields.

For this week, we are going to stick to some of the concerns the Mystery Guest from GMOT #5.

As with every GMOT for this season, there was a Mystery Guest article. In GMOT #5 the Mystery Guest brought up some concerns they had with WAKA-the national group who organizes kickball throughout the country (and Iraq too, thanks to the TCOJers who took kickball to the desert!). Now love or hate it, everyone is entitled to their opinion and we printed one. Some feel it went too far, some not far enough. What we are concerned with is there were some things that were opinion that were presented as fact. Hopefully we can clear these up.

As for the Mystery Guest article from GMOT #5…well, it isn't up on the website anymore, and for those who missed it, it isn't coming back. For GMOT #5, there will be nothing in that space. But the Mystery Guest will be around, so feel free to write in. If you have more questions, we are happy to take up space in the GMOT every week. Feel free to let us know your questions, comments, and concerns that you would like us to address.

See you on the fields!

Amy Lequin
President, DC Constitution
The Monkeys

Marie McBride
Vice President, DC Constitution
Atomic Fireballs

Who pays for our t-shirts?
Your registration fees. There is no correlation between the bar and t-shirts, equipment, etc.

The relationship between divisions and the bars is more of a partnership. It gives divisions a "clubhouse," a place to go after the game, or in our case, play more games. This partnership is set up by WAKA but is managed between the bar and the division and our WAKA rep, Brian. While the bar pays a nominal partnership fee, this amount is no where near enough to cover the costs of shirts. In years past, I don't think even we the board of the division realized that we were a partner. Since we did, we have sat down at the table with our partner bar and this season, changes have been made. So far all feedback we have gotten about the bar this year has been positive.

Why won't WAKA pay for charity equipment?
WAKA has over 100 divisions and if they gave us "free" stuff for our charity then they would have to give free stuff to everyone. Even though we were only asking for what seems like something small, each division has different requests, and we all know that those small things start to add up. One of the founders contacted Amy, after emailing him the concerns of the division, he offered to place an order the equipment for us at cost (total for both fields, $34).

Why don't we have permits for our fields?
At the beginning of the season, captains and board members voted unanimously to squat fields. This is what we did the year before and it was voted to do it again because everyone enjoys playing on the Mall. We started as a Mall division and in general, there are less rules to deal with. We used to play at the base of the Washington Monument, but when the construction on the "never-gonna-be-done" visitors center started, the US Park Service stopped permitting fields on the Mall. Therefore, all of the Mall space (that doesn't have a Smithsonian Folk Life Festival sign on it) is first come first serve.

We, as well as the rest of the WAKA divisions, look forward to the day that the Park Service goes back to permitting the Mall.

Why does WAKA "feel" threatened by DCKickball?
They tell us they don't. Keep in mind the source and that there are 2 sides to every story.

Those who started and continue to run kickball at the national level see competition as good. In fact, they helped start up some kickball competition, such as Kickball Baltimore, and they are instrumental in assisting those who want help using kickball for fun or fundraising. They do feel that there are some aspects of WAKA that are unique and that will keep people coming back to WAKA to play kickball.

Does WAKA feel that we are replaceable as a division?
We all say crazy things sometimes. A few years ago, someone with WAKA made a comment that if we wanted to leave, that there were other people who could fill our space. It came off really harsh. But they admitted making the mistake, and since that time WAKA has done much to make sure our division needs were being met and our volunteer leadership is supported.

In the end, WAKA is volunteer run organization with much staff support. Folks say WAKA grew too fast. Maybe they did. But they are trying to catch up and support what they started. This year, our division rep, Brian, has been great at helping us make sure we are all having fun. Cause at the end of the day, that's what it is all about, right?

Too Old for Kickball?

2005-06-20T14:39:00.000-04:00

I recently spotted this news item about two South Carolinian senior citizens, Ed and Christine Shephard, who, in their 70s, decided to take up the sport of kickball. All broken-hip jokes aside, it makes me glad that older people are invading the sport. "Adult" kickball, in its relatively short life, has quickly become a hypercompetitive sport.

Ed Shephard

Adult kickball (at least in the Washington, D.C., area) started out as an answer to the hypercompetitiveness found in sports like softball, soccer and ultimate. But, among some kickball leagues, the ferocity of spirit and growing focus on athleticism have put kickball on par with the "more serious" sports. These days, unless you excel at kickball (unless you are a kickball jock), the fun of kickball can fade fast. (It all leaves me wondering ... Why don't these jocks, if they are going to be so damn serious, just go play a serious sport instead?)

Christine Shephard

I don't foresee the kickball jocks leaving any time soon. But there is hope for the sport. Welcoming and retaining new not-so-jock players such as the Shephards into kickball offers a solution to the ultra-seriousness that is invading the sport.

Kickball is a game for kids. When we play it, even as "adults," we should leave some of our adult hang-ups (super-seriousness, for example) at home. Kickball has always been about playing, not so much about winning. (I can recall lots of kickball plays from my youth, but I never bothered to keep up with which team won and which team lost.)

Amazingly, the Shephards, kickball virgins, understand the true spirit of kickball from the get-go. "It just gets you out and mixes you with other people," Christine says in the article linked in this post. And adds Ed, "It's fun, that's the name of the game." Those are refreshing words to hear, and it's somewhat ironic that those who are farthest chronologically from childhood could have the most to teach us about this kids' game we call kickball.

Here's wishing Ed and Christine all the best.

Semper Fi!

2005-06-13T09:29:00.000-04:00

http://www.worldkickball.com/fallujahsemperfidelis/

So the World Adult Kickball Association has launched a Fallujah division in Iraq called the Semper Fidelis Division. According to WAKA's newsletter, Kickball Today, the division involves the 5th Civil Airs Group of the Marines and is a co-ed league. A former DC Constitution Division player organized Semper Fidelis. WAKA donated the equipment and waived all fees for the new division, according to Kickball Today. As for how long this division will last, that's up to President Bush (or his successor) and Congress.

It's Just Kickball, Right?

2005-06-06T14:33:00.000-04:00

The following item recently appeared at http://www.worldkickball.com/dcconstitution/gmot/guest.html. ...

Ghost Man on Third - Special Mystery Guest

Greetings fellow kickballers and kickballettes!

It's Just Kickball, Right?

By (The New) Deep Throat

The folks who founded the World Adult Kickball Association (WAKA) tripped over quite a phenomenon. They organized a league and codified some rules. Contrary to popular belief, organizing adult kickball leagues isn't new. Universities have been doing it for sometime, substituting softball rules (and outlawing bunting, you pansies!). WAKA became successful by integrating the sport with the bar. A phenomenon took over and now they have well over 100 divisions across the country and even one in Iraq.

Of course, this is the American dream. WAKA refuses to open its books since they became a for-profit operation, but their fees and growth suggest an annual gross of at least $2.7M. And good for them! Only in America could you make your first million through a silly game that nobody takes that seriously (except for Sandlot Smack). The actual take WAKA brings in must be HUGE, since the bar pays for the t-shirts.

Unfortunately, this monetary success has blinded our good friends who founded and still run this business. Each year, the Constitution division (like other WAKA divisions) has dealt with a lower return on our $60 investment. We have a budget for parties (about $10 a person) and our equipment, both of which come out of our $60 registration fee. The t-shirts are paid for by the Irish Times. The entire league is run by volunteers who love the game, who love their teams, and who believe in kickball. Coordinating the referees, creating the game schedule, putting together a newsletter, planning the parties, and keeping all of this organized for 400 people is a full time job a few times over - all done by division volunteers in addition to their 9-5 jobs. It is estimated by some that the GMOT newsletter alone takes 40 man hours to publish.

In our last Constitution board meeting of the 2004 season, WAKA responded to concerns that a few teams were considering leaving our Constitution Division last year with the dispassionate statement that "there are people waiting to take your place." When we mentioned how we all felt that we were members of the World Adult Kickball Association (that little card we get in the mail and all), we were told bluntly that we were customers. Not just any type of customers, replaceable customers. Of course, we never saw that corporate representative again!

This year, Jason Knight sent a request to WAKA headquarters asking them to donate two equipment bags to our Comfort Zone Camp charity. Mr. Knight has been the volunteer webmaster for the past three seasons for our Constitution website. He has also promoted WAKA with his engagement (on a kickball field) in several publications, including this month's Washingtonian magazine. His picture (proposing to a fellow kickballer) is on the corporate website, further promoting WAKA. Essentially, Jason Knight has earned a favor from WAKA. And what better way to promote the positives of adult kickball than by giving two (2) kickball sets (an estimated combined $100 value) to a camp that helps kids cope with the loss of a parent or other close relative. WAKA's response to the request: flat rejection, offering only that our division could donate the used equipment after our season ended. Frankly, kids who lost their parents in 9-11 deserve better then that. (By the way, great job on the charity, Constitution Division!).

Lets just hope that your children don't have to attend this camp, if they did they would be bored out of thier minds because you yourself were too cheap to donate the equipment.

Offended, a few of us considered starting our own kickball league, since we've become rather adept at running one. We even discussed things over with a lawyer to assure WAKA couldn't sue our independent asses. But somebody beat us to it.

Competition sprung up this Spring with DCKickball, who charge less ($50) and feature the same basic game and transparent finances (all the money goes back to the players, no profit). The emphasis of DCKickball is to offer an alternative solution to WAKA's financial secrecy and disinterest in their "customers". Of course, this has seriously frightened WAKA's Executive Director David Lowry, who promptly hinted at suing over "intellectual property" in the Washington City Paper recently.

They must have caught Lowry after a serious game of flip cup, because such a response is immature and extremely stupid. After researching this action with several attorneys, it seems that WAKA's options for litigation are baseless. Let's see, WAKA's main product is kickball, which they didn't invent and don't own the rights to (nobody does, actually: anyone can have a kickball league). All you need to start a new kickball league is to have distinguishable rules. Does that mean that any of us who volunteer our time to make kickball happen could be sued, as well?

The Geniuses who "created Kickball"

WAKA needs to borrow some "intellectual property" from their competition. The Constitution League is an essential one to the WAKA family. We are one of the original WAKA divisions. We play on the Mall, where WAKA was founded. We have the first openly gay/lesbian kilt-wearing kickball team! Constitution League spin-offs from Jason Knight's team (TCOJ) founded the league in Iraq! So, WAKA, instead of focusing on how much of the $60 registration fee can go into a McMansion house payment, we suggest you start looking after your "customers".

You need us, WAKA, and you want us happy! We are still here because kickball is a blast, and we believe that you need to get your heads out of your collective corporate asses. Instead of being frightened, embrace your competition and steal what you think they are doing right to keep their customers happy. Their website has blogs. How about blogs? How about more money for parties? How about a more concentrated effort in lobbying for guaranteed field space? We all work around the Hill, somebody has to know some guy who can get stuff done! How about some kickball sets for the Comfort Zone kids?

There are a million reasons why WAKA couldn't or shouldn't or won't do this. They don't have to. However, we think the more negative responses WAKA has like the ones described in this essay, the bigger DCKickball gets. And with limited field space in this town, we may one day find ourselves squatting against other kickball leagues or seeing old teams with new shirts and a different bar on their back!

Remember, WAKA: everybody thought Michael Jackson was cool once too. It can all go away. Shape up, or we'll ship out!