But why not, and is this baked into the contract? These aren't stocks, where the worst case is a piece of useless paper: if there's no demand for oil, suddenly you're holding barrels of toxic waste with real storage costs, and it makes total sense to pay people to take them off your hands (as has already happened with short-term oil futures).
And the interesting thing is that it's actually in the fund's best interest to allow negative valuations, because that way they're not left holding the bag. I see lots of interesting litigation ahead...