Tiger Woods’ former girlfriend raised concerns about the nondisclosure contract that the famous golfer wanted her sign in 2017. She expressed concern she would lose control, and become “heartbroken” and “jobless” in 5 to 10 years if signed.
She wants the NDA declared invalid by the court and has accused Woods of sexual harassment. She has accused Woods of sexual harassment and wants the NDA to be declared invalid by the courts. She sent an email to Chris Hubman (the chief financial officer of Woods’ company) two days before it appears she signed the disputed NDA, on August 9, 2017.
Herman’s only concern was “if TW did something that brought our relationship to a close, will I lose (sic?) my job?” “I have no problem with the document, because I wouldn’t use what I know or go public to hurt him or his children. But with my entire life now in his hands I would like to have some control over my business future. If something were to happen in 5-10 years, I would not want to be heartbroken and without a job. Thoughts?”
Hubman responded with an email later on that day, August 7. Herman was then an employee of Woods’s restaurant, The Woods in Jupiter, Florida. According to court documents, she resigned in 2020.
Hubman, chief financial officer at Tiger Woods Ventures, wrote: “To me, your employment with The Woods Jupiter is separate from your personal relationship to TW.” “I don’t believe the end of either one will automatically affect the other, although it could be complex. The answer will depend on whether the relationship ended because of a condition, a term or if it was for another reason. The NDA does not address your TWJ employment terms… only information you gain access to through your personal and professional relationship.
She replied, “I understand.”
What’s the story?
Herman accused Woods on Friday of sexual harassment. He claimed that Woods had a sexual relationship while she was working for him and forced her to sign an agreement not to disclose it. If she refused, she would be fired.
Herman had previously sued Woods’ trust for the Florida residence of Woods, alleging that she was evicted from his home in violation of a verbal tenancy agreement. She sought more than $30,000,000 in damages.
Woods’ lawyer filed the e-mails in court late Sunday as a response to Herman’s court filing on Friday, in which Herman’s attorney claimed that Woods didn’t remember signing the NDA. Herman also raised questions regarding its validity. Woods signed a statement about it on Sunday in order to resolve this.
Over the course of our relationship, I got to know her handwriting and signature. Woods said in his court declaration that Ms. Herman’s signature appeared above her printed name. The other handwriting (i.e. the dates, and the handwriting below the Ms. Herman’s name on the address line) is Ms. Herman’s handwriting.
In the three-page NDA, which was filed as an exhibit in court and is now being contested, it stipulates that any disputes should be settled through confidential arbitration instead of in a public court. Woods’ lawyer is trying to force this dispute into arbitration on the basis of that. Herman’s lawyer is fighting this, citing federal laws which invalidate NDAs in sexual harassment cases and force arbitration.
What is the NDA?
This preamble is the beginning of the disputed NDA filed before court:
“As consideration for continuing to (i), spend time with Eldrick “Tiger” Woods (“you”) and to be privy of certain private and confidential details of your life, your professional and personal endeavors, (ii) work at The Woods Jupiter, which is owned by you indirectly, and other good and valuable compensation, the receipt and sufficient of which are hereby acknowledged, i am entering into this agreement of my own will and agreeing as follows:
It also says that she should not disclose “private or confidential information not known by the general public” about her health, medical issues, sexual activities, personal relationships, and leisure.
Hubman said in court documents that Herman asked for revisions to be made to the NDA regarding photos of Woods’s children.
The NDA she filed in court does not specify what the revisions were. It states that “she will not post, share, upload or publish on the Internet or any social media or any other pictures, videos or films of you, family members, friends, or business associates.”
Herman’s lawyer tried to undermine the purported NDA in a document filed Friday by saying Woods did not seem concerned.
The document filed by Benjamin Hodas stated that “Woods allowed Ms. Herman the right to wear a badge as a “players spouse”, pose in public (including at times with Mr. Woods’s children) and attend other public events.” “Ms. Herman, with the knowledge of Mr. Woods posted pictures on social media with him, his friends and colleagues. Mr. Woods did not invoke an NDA in order to stop this publicity. Such activity would have been illegal if the NDA were in effect or force.”
Herman, however, disagrees with this and believes that the NDA should be declared invalid and unenforceable.
In a lawsuit filed in march, her lawyer stated that “Because the Defendant has used the Woods NDA aggressively against her and because the trust is under his control, Plaintiff is uncertain whether she can disclose, amongst other things, various facts which give rise to legal claims” she believes.
Woods’ lawyer, J.B. Murray has called Herman a jilted “ex-girlfriend”, and has said that her case is flawed and without merit.
“Ms. Herman does not assert any cause of action that would be considered sexual harassment under federal, tribal or state laws,” he said in a late-Sunday document. “This Court shouldn’t allow Ms. Herman, who has a dispute with Mr. Woods to be arbitrated by a third party with unsubstantiated claims of sexual misconduct that were not raised in her amended lawsuit, to avoid her arbitration obligation.”
