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March 09, 2023

Tiger Woods' Ex-Girlfriend Files Legal Complaints Against Woods Over NDA and Residency Agreement

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Tiger Woods' Ex-Girlfriend Files Legal Complaints Against Woods Over NDA and Residency Agreement


Erica Herman, Tiger Woods' former girlfriend, has filed legal complaints against him in Martin County, Florida. Herman is seeking a court's judgment on the extent of a non-disclosure agreement (NDA) and is suing for her right to seek damages for the remaining five years of an alleged oral tenancy agreement regarding her residency at Woods' home in Hobe Sound, Florida.



The NDA, signed on Aug. 9, 2017, states that "any and all disputes, claims or controversies arising between us of any kind or nature whatsoever...shall be resolved by mandatory BINDING confidential arbitration to the greatest extent permitted by law." Herman alleges that the NDA is unenforceable, and she is unsure about her obligations regarding her relationship with Woods.



In her complaint filed this week, Herman cites the Speak Out Act, which prohibits NDAs agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, tribal, or state law. While Herman has not accused Woods of sexual abuse, her complaint involves allegations of sexual abuse.



Legal disputes between Woods and Herman have been brewing following their breakup, mainly related to Herman's right to live in Woods' home. Woods ended the relationship on Oct. 13, 2022. Thirteen days later, Herman filed a complaint against the Jupiter Island Irrevocable Homestead Trust, which Woods set up in February 2017 and owns his primary property in Hobe Sound.



Herman alleges she lived at Woods' house for six years as part of an oral tenancy agreement between the two and that approximately five years remained on it. Herman's complaint states that the oral tenancy agreement "gave the plaintiff the right to live in the residence for a certain duration of time" and that "the duties that were performed by, and expected of, [her] were extensive and of an extraordinary nature in light of the overall circumstances and environment in which she lived."




According to Herman's allegations, "agents of the [trust] convinced [Herman] to pack a suitcase for a short vacation and when she arrived at the airport, they told her she had been locked out of her residence, in violation of the oral tenancy agreement and in violation of Florida law." Herman also alleges that her belongings were removed from the residence and cash of more than $40,000 was misappropriated.



The trust's legal team has disputed Herman's complaint, requesting it is dismissed, saying that the trust is not a "juristic person" capable of suing or being sued and that the complaint is "just thinly camouflaged claims arising from disputes directly between Ms. Herman and Mr. Woods." The trust's lawyers are guiding any action toward the arbitration outlined in the NDA.



Herman's representation has filed an opposition, citing the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 as a reason for a court to decide the enforceable nature of the NDA.

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