Tiger Woods faces lawsuit from ex-girlfriend Erica Herman over NDA, cites Speak Out Act

Woods and Herman began dating in 2017

Erica Herman, the apparent former girlfriend of legendary golfer Tiger Woods, filed a lawsuit in Florida on Monday over a non-disclosure agreement (NDA) she was allegedly forced to sign, citing the Speak Out Act, according to court documents obtained by Fox News Digital.

According to the court documents, Herman claimed the NDA was executed during her employment for him and that a trust controlled by Woods is enforceable against her. Herman believes the NDA is "invalid and unenforceable." She also described the issues as "not legally certain."

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Playing Captain Tiger Woods and girlfriend Erica Herman celebrate after winning the Presidents Cup 16-14 during Sunday Singles matches on day four of the 2019 Presidents Cup at Royal Melbourne Golf Course on Dec. 15, 2019 in Melbourne, Australia.

Playing Captain Tiger Woods and girlfriend Erica Herman celebrate after winning the Presidents Cup 16-14 during Sunday Singles matches on day four of the 2019 Presidents Cup at Royal Melbourne Golf Course on Dec. 15, 2019 in Melbourne, Australia. (Warren Little/Getty Images)

"This uncertainty is acute and important. Because of the aggressive use of the Woods NDA against her by the Defendant and the trust under his control, the Plaintiff is unsure whether she may disclose, among other things, facts giving rise to various legal claims she believes she has," the documents say. "She is also currently unsure what other information about her own life she may discuss or with whom. There is therefore an active dispute between the Plaintiff and the Defendant for which the Plaintiff needs a clarifying declaration from the Court."

If the NDA is valid and enforceable, Herman asks for clarity over the scope of what she may disclose publicly, including her own experiences, the experiences of her family members, photographs and information from sources other than Woods himself.

Tiger Woods and Erica Herman ride in a cart prior to the Pro-Am ahead of the PNC Championship at the Ritz Carlton Golf Club Grande Lakes on Dec. 17, 2021 in Orlando, Florida.

Tiger Woods and Erica Herman ride in a cart prior to the Pro-Am ahead of the PNC Championship at the Ritz Carlton Golf Club Grande Lakes on Dec. 17, 2021 in Orlando, Florida. (Douglas P. DeFelice/Getty Images)

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Erica Herman and Tiger Woods look on prior to the Women's Singles Second Round match between Anett Kontaveit and Serena Williams on Day Three of the 2022 US Open at USTA Billie Jean King National Tennis Center on Aug. 31, 2022 in the Flushing neighborhood of the Queens borough of New York City.

Erica Herman and Tiger Woods look on prior to the Women's Singles Second Round match between Anett Kontaveit and Serena Williams on Day Three of the 2022 US Open at USTA Billie Jean King National Tennis Center on Aug. 31, 2022 in the Flushing neighborhood of the Queens borough of New York City. (Matthew Stockman/Getty Images)

Herman claims the NDA should be unenforceable under the Speak Out Act, which "prohibits the judicial enforceability of a nondisclosure clause or nondisparagement clause agreed to before a dispute arises involving sexual assault or sexual harassment in violation of federal, tribal, or state law."

The act became law in December 2022.

A rep for Woods did not immediately respond to a request for comment from Fox News Digital.

TMZ Sports first reported the lawsuit.

Girlfriend of Playing Captain Tiger Woods, Erica Herman, looks on from a cart during Thursday four-ball matches on day one of the 2019 Presidents Cup at Royal Melbourne Golf Course on Dec. 12, 2019 in Melbourne, Australia.

Girlfriend of Playing Captain Tiger Woods, Erica Herman, looks on from a cart during Thursday four-ball matches on day one of the 2019 Presidents Cup at Royal Melbourne Golf Course on Dec. 12, 2019 in Melbourne, Australia. (Quinn Rooney/Getty Images)

Tiger Woods and Erica Herman cheer on Rafael Nadal at 2019 US Open in New York City.

Tiger Woods and Erica Herman cheer on Rafael Nadal at 2019 US Open in New York City. (Gotham/GC Images)

Woods and Herman started dating in 2017. She was a restaurant manager at his The Woods Jupiter in Florida. She was also by his side through various golf tournaments and when Woods crashed his vehicle in Los Angeles in 2021.

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The two were last spotted together at the 2022 U.S. Open. It is unclear exactly when they split.

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