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Oprah Confidentiality Clause - Not So Confidential

2/28/2010 2:40 AM PST BY TMZ STAFF

Oprah Winfrey's company specifically told the physical trainers who are suing them to shut their traps about all things Oprah or there would be hell to pay -- it's all in good old fashioned black and white ... and we got a copy.

Oprah Winfrey

Unicus Performance Training
filed the lawsuit against Oprah and Harpo, Inc. earlier this week, claiming they never got paid for a workout program they were developing for Harpo.

UPT says Harpo fired them for violating the terms of their confidentiality agreement, after UPT sent out a mass e-mail promoting their upcoming appearance on Oprah's radio show.

According the confidentiality agreement, UPT wasn't allowed to "use HARPO's name, Oprah.com's name or Ms. Winfrey's name" for any advertising or promotional purposes ... unless, of course, they wanted to get fired.

The document literally has UPT on lockdown when it comes to saying anything at anytime about Oprah and Harpo without "express, written permission."

55 COMMENTS

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16.

Q    

From a Blacks perspective, which is worse, a black man being on the down low or a black woman? That Wanda Sykes turned out to be a big down low phony---talking all tough and regular like and then up and marries, marries mind you, a White woman. Talk about hypocrisy. I believe, from a sexual persuassion way, Oprah is as gay as they come...shes gone out of her way to shut down the Enquirer---the same one that exposed Tiger and John Edwards.

How dare she go after a little mom and pop operation for merely mentioning they will be on a radio show? Whats the harm? More viewers, or a way for Orca the Gay Whale not to have to pay?

Racist Gay Woman who I pray the Enquirer will expose and break her down like Tiger has been.

Enough of this hypocrisy...Sykes, Woods, Oprah, Edwards. All of you.

1636 days ago
17.

Q    

Yes I do remember the Paris boutique incident...over a mistake, she claimed and made statements like "I have never felt discrimination at this level or like this in any way in my life"...

All to later find out that she and her gay entourage were not allowed in to roam the place at their free will because it had already been reserved months in advance for another group.

That Gay Orca Whale has never recovered from the absolute stupidity she showed from that incident---and proved the claim of Racism is being used anytime a slight or misunderstanding occurrs for her or her entourage.

She should join the Gay rights group ACT UP and go learn how to really fight real discrimination issues instead of made up ones because she happens to be Black.

Now she goes after the little people by denying them pay.

1636 days ago
18.

The Seer    

Oprah has every right to protect her name and her trademark. Whether you or I like her or not is irrelevant. I don't see how this is "news." The woman has built an empire on her name, and owns the rights to her name. THAT IS THE LAW. Period.

If any one of you had the name or the money she has, you'd be the first ones with your pitbull lawyers in court taking down anyone who tried to steal your trademark, i.e. YOUR money. Please.

Nothing better to report today, TMZ? Oh, wait, right. It's the weekend and the skeleton crew is on.

1636 days ago
19.

Robyn    

I can't stand Orca I mean Oprah. Especially after her kissing Nobama's butt during the election. Is she really a lesbo though? I never heard that. That would be nuts.

1636 days ago
20.

Amazing    

Oprah says she is not gay; Gayle says she is not gay - that should be enough for all of you. Yall just upset and FLUS-trated because she is leaving the air. You don't know what you will do with yourselves once the Queen is gone. There will be withdrawal symptons. She has been on since some of you were babies. Fasten your seatbelts; it's gonna be rough.

1635 days ago
21.

its irrelevant    

q..what the hell are you talking about..what does a black perspective have to do with this story. You dont speak for me, especially with that off topic rambling about her gayness. Wanda sykes talking 'tough and regular'..huh..so she cant marry a white person? So Paris was a mistake..im sure she cant count all the other instances just being a woman and just being black. Oprah is a Co. thats isnt doing anything any other Co. hasent done.

1635 days ago
22.

Barb    

boy oh boy

1635 days ago
23.

Cedric    

I notice in a number of the comments posted in response to this 'story' that the authors claim Oprah is racist. Could you please explain to me what lead you to believe this? I would honestly like to know why so many people feel this way, as over the years, I have never heard of her doing anything that would be considered racist. Thanks.

1635 days ago
24.

James    

The Confidentiality Assurances agreement seems to be poorly written. If Oprah used the agreement as the excuse to fire a company solely because it had mentioned that it was going to be on the Oprah radio show, that firing may not be legally justified.

The radio show appearance arguably was separate from its "business relationship" with Oprah and so not subject to the agreement. Anyone who appears on Oprah does not automatically have a "business relationship" as a "VENDOR." They're just a guest.

Also, if there was a violation, the remedy called for in the agreement was arbitration. Oprah did not have the right to unilaterally terminate the agreement. By doing so, Oprah may have breached the contract.

Finally, the definition of "Confidential Information" seems to be too broad. The name of a future guest on the Oprah show is presumably not confidential. The show wants the audience to know who will be appearing on an upcoming program and to tune in. There is a good possibility that a court would narrow the definition of "Confidential Information" because, right now, it seems to include the disclosure of public factual information.

///Practicing law for 21 years.

1635 days ago
25.

CARMEN SANDIEGO    

Wow, a lot of you really have issues. She runs a multi-million dollar empire and she got there by being smart. If they violated a contract, they don't get paid. They were fired because they didn't play by the rules and tried to jumpstart their profit. BIG MISTAKE and very unprofessional! Oprah is an awesome woman and her sexuality should not be called into question on this forum.

1635 days ago
26.

Titha    

Why are people giving Oprah so much power? She's starting to think she's "UNTOUCHABLE" NOT!!!!! Who really cares about her anyway? OK, I get the trainers stand, I suspect they are young and probably was simply excited to be on her show. However, she is so silly most of the time, yes, she's smart but there's always someone else a little smarter. I'm glad to see someone brave enough to at least take her on! May the best man win, I mean that literally-LOL

1634 days ago
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