Herman, 39, cited two federal laws that allow NDAs to become null and void if sexual harassment and sexual assault claims arise, according to court documents revealed on Wednesday, March 8.
The laws are the federal Ending Forced Arbitration Of Sexual Assault And Sexual Harassment Act Of 2021 and Speak Out Act.
Herman has not publicly accused Woods of sexual assault or harassment as of yet, but the golfer in the past has openly admitted to struggles with sex addiction.
The former couple’s first public sighting was at the President’s Cup in September 2017, one month after Herman signed Woods’ NDA.
Herman says in the legal request reportedly seen by PageSix that she is unsure whether Woods’ NDA is “not valid or enforceable,” and so she is seeking clarity from the court.
She also wants to know if the NDA can indeed be enforced, whether she still has a right to speak out on a bevy of issues, including her “own experiences,” the “experiences of her family members,” information learned by people “not covered” by the NDA and whether she can respond to statements Wood has “made or published about her.”
She added in the court filing that she is “unsure whether she may disclose,” among other things, “facts giving rise to various legal claims she believes she has.”
“She is also currently unsure what other information about her own life she may discuss or with whom,” the document also states.
In the legal filings Herman did not specify which public statements or information she would like to address.
Herman and Woods were previously involved in a highly-publicized car accident, which caused a fatality.
In May 2019, both Woods and Herman were hit with a wrongful death lawsuit filed by the parents of Nicholas Immesberger, who died in a crash after drinking too much at The Woods Jupiter restaurant in Jupiter, Fla., which is owned by Woods and was managed by Herman.
The family argued, per court documents, that their son, who worked as a bartender, was “over-served” at the golfer’s establishment.
Woods was dismissed from the lawsuit in June 2019, and Herman as well later that year.