Trump Legally Prohibits Volunteers From Saying Anything Bad About Him — Forever

[Pogo]

Non Disparagement contracts have held up in some courts.

For example?

She is correct, but the circumstances matter. A non-disparagement can prohibit a current or former employee from making true statements (they must be true statements, as false statements fall under "defamation") that harm the reputation of the employer. But such clauses cannot be designed as vague or ambiguous catch-all limitations. Because individuals have certain protected speech rights, a non-disparagement clause cannot be so ambiguously far reaching as to infringe upon those rights incidentally. As an example, broad ranging non-disparagement clauses have been rejected by courts where they were found to impede on workers' rights to provide negative feedback on their employer in the course of collective bargaining (which is a protected right via federal statute).

In this case we are talking about Donald Trump, candidate for President of the United States. Employees in question are employed by the Trump campaign. Any reputation questions apply to Donald Trump the Presidential candidate. Therefore, any alleged disparagement from a campaign employee would likely not be found to be an enforceable violation if not directed toward Trump's private business matters. Also, as soon as the campaign is over, Trump's reputation as a candidate for President would become moot. Therefore, it is likely that any attempt to sue for disparagement after the end of the campaign would fall flat. Finally, it is questionable whether or not non-disparagement agreements can be enforced for political candidates. The courts have tended to maintain that political speech is the highest form of protected speech by the constitution, and that above nearly all other considerations the preservation of unhindered political speech is generally by our constitution and system of law. Where "disparagement" of an employer political candidate is political speech, the courts could very likely decide any non-disparagement clause restricting the same is unenforceable in much the same way as the aforementioned instance where such clauses have been rejected in favor of collective bargaining rights.

"She"?

I've already looked this up -- these exist for employees while in the employ of some company. I don't see where they can possibly bind a person either for life, or after said contract is terminated. And of course the case where there's no contract at all is even shakier.

as noted before, it's the threat of lawsuit, and it would require some to expend money and time to fight it to have it thrown out.

Donny lives for that.

Also, when you sign the agreement, look at the bottom of that contract -- you agree to abide by binding arbitration.

Yeah I agree, that's his whole MO through his whole life.

This thing though isn't even employment -- it's volunteering. What's he gonna do if you break the volunteer guidelines? Not pay you? Fire you? Of course he knows his audience and he knows anyone dim enough to voluteer for Rump would also be dim enough not to figure this out.

Rump's into thought control. He wants his own Narcissistic Personality Disorder to be spread among everybody. He's a Narcissism Socialist.

 

[paperview]

This part is astounding:

1. Interpretation and Representation by Counsel. This agreement has been drafted on behalf of the undersigned only as a convenience and may not, by reason of such action, be construed against the undersigned. Each of the parties (i) has had the opportunity to be and/or has elected not to be, represented by counsel, (ii) has reviewed each of the provisions in this agreement carefully and (iii) has negotiated or has had full opportunity to negotiate the terms of this agreement, specifically including, but not limited to Paragraph 7 hereof.
2. 
   
3. You waive any claims that may be available at law or in equity to the effect that you did not have the opportunity to so consult with counsel.

 

[paperview]

Pretty sad The Don has extended this to volunteers, and even volunteer's employees.


Gather round, company meeting, says Jimbo, owner of the Acme Tool and Die.

All 200 employees file in. Ears perked.

JIMBO: OK folks, I volunteered to make phone calls to support the most awesome, bestest, most incredible man in the world, healthiest, too --

so, therefore, as part of an agreement I signed with Dear Leader -- I am now telling each and every one of you, you can never say a bad word about <opens up contract>

Mr. Donald J. Trump, any member of Mr. Trump’s family, including, but not limited to, Mr. Trump’s spouse, each of Mr. Trump’s children and grandchildren and their respective spouses, including but not limited to Donald J. Trump Jr., Eric F. Trump and Ivanka M. Trump, Tiffany Trump, and Barron Trump, and their respective spouses, children and grandchildren, if any, and Mr. Trump’s siblings and their respective spouses and children, if any.

Any Trump "Family Member Company" -- any entity, partnership, trust or organization that, in whole or in part, was created by or for the benefit of any Family Member or is controlled or owned by any Family Member.
Any "Trump Company" -- any entity, partnership, trust or organization that, in whole or in part, was created by or for the benefit of Mr. Trump or is controlled or owned by Mr. Trump.

Not one bad word, no disparagement, no demeaning -- on or off the clock. Is that clear?

<197 mouths are agape>

Jimbo puts the contract back in his pocket, and finishes with this:

"Oh, also, one more thing. Since I signed this agreement (and yeah, I know you guy's didn't sign anything, but this is Dear Leader we are talking about), I am also informing you as part of my agreement, each and every one here in my employ is prohibited from working for or volunteering your time to anyone but the Trump for President campaign.

Sorry guys and gals, but thems the rules."


* exact language from the Trump Lifelong Loyalty Contract.

Employers terminate employees for saying things the employer doesn't like all the time. Left wing douche bags like you are incessantly hooting for this kind of behavior, so why do you object to if when Trump adopts the same policy? Remember the CEO of Mozilla who got canned when his opposition to gay marriage became public? Douche bags like you were the ones screaming that Mozilla should can him.

This is your Trump supporter, ^ boys and gals.

He's actually cool with a gag order to not say a bad word about anything Trump, to extend to people who have nothing to do with an agreement their employer signed.

On or off the clock. And he even thinks it's ay-oh-tay to force an employee to not be allowed to volunteer for any campaign except Trump for President.

Are some of you guys seeing just how dangerous Trump and their supporters are?

It does have something to do with them because when the took the job they agreed to follow company policy. If that includes not disparaging Trump, then they have a legal obligation to comply or they can be fired.

See what I mean? ^ these are dangerous people, folks.

That they could even begin to think like this is scarier than we ever thought.

 

[paperview]

Imagine for one hairy second, if Bripat worked (that alone is a laugh) --

at a shop where if there were a similar gag order, order to not volunteer for any but the boss' choice of candidate -- on his own free ****ing time.

What I'm saying is imagine if this was Hillary who made volunteers sign this contract.

He'd blow his fucking lid at the thought of not being able to disparage Hillary or be fired.

But it's Trump, so he defends it.

 

[Pogo]

This part is astounding:

1. Interpretation and Representation by Counsel. This agreement has been drafted on behalf of the undersigned only as a convenience and may not, by reason of such action, be construed against the undersigned. Each of the parties (i) has had the opportunity to be and/or has elected not to be, represented by counsel, (ii) has reviewed each of the provisions in this agreement carefully and (iii) has negotiated or has had full opportunity to negotiate the terms of this agreement, specifically including, but not limited to Paragraph 7 hereof.
2. 
   
3. You waive any claims that may be available at law or in equity to the effect that you did not have the opportunity to so consult with counsel.

Here's an idea.

We should ALL go in and sign up on that thing. By the thousands, literally en masse. Then turn around and start telling the truth. Give Rumpleforskin a taste of what free speech actually feels like.

What's he gonna do? Sue everybody? Rotsa ruck pal.

 

[Pogo]

Imagine for one hairy second, if Bripat worked (that alone is a laugh) --

at a shop where if there were a similar gag order, order to not volunteer for any but the boss' choice of candidate -- on his own free ****ing time.

What I'm saying is imagine if this was Hillary who made volunteers sign this contract.

He'd blow his fucking lid at the thought of not being able to disparage Hillary or be fired.

But it's Trump, so he defends it.

Or if USMB started doing it with a new slogan:

"Where your opinions are belong to us"

 

[paperview]

"Trump has said he may try to similarly restrict what federal government employees can reveal about him if he were elected president.

...The real estate mogul did acknowledge to the Post that "it's a different thing" to require federal government employees to sign nondisclosure forms. Still, he touted the success he has had using the tactic with his employees, saying the agreements are "so airtight" that "I've never had a problem" with unauthorized disclosures.

The full extent of Trump's lawsuits involving non-disclosure breaches is unclear -- and that's also by Trump's design.

Trump's confidentiality agreements stipulate that disputes may be handled by the American Arbitration Association with the result that it keeps legal matters out of court, and information would be out of public view. That decision is the sole discretion of Trump and others protected by the agreement."


TRUMP CONNED HIS STAFF INTO SIGNING AWAY THEIR RIGHT TO FREE SPEECH

 

[SwimExpert]

"She"?

Paperview. She is a....she.

I've already looked this up -- these exist for employees while in the employ of some company. I don't see where they can possibly bind a person either for life, or after said contract is terminated.

Every contract has a term. But not all terms have an expiration. A contract can remain effective perpetually. Or it can have a definite end. A poorly structured contract might accidentally fail on this point, identifying a termination date/circumstance, and as a result accidentally ending the applicability of the clause in question. However, a well written contract will easily avoid this problem. I sign contracts when clients hire me in the course of my freelance business. My "Term of Agreement" section reads something like this:

This contract shall take effect immediately upon being signed by both Company and Client, and payment of the initial deposit, and will remain in effect until termination as stipulated herein. The provisions of sections 13 and 15 of this contract shall remain in effect perpetually, in all cases, regardless of this agreement being otherwise terminated. Termination shall occur when either a) all services above have been executed to completion, b) Company terminates the agreement pursuant to section 14, or c) Company terminates due to Client's failure to make a scheduled payment.​

Effectively, this makes the contract perpetual in regards to the stipulated clauses, even while the remainder of the contract terminates upon one or the other circumstance.

And of course the case where there's no contract at all is even shakier.

That's kinda an oxymoron. You can't have a contract without having a contract.

 

[SwimExpert]

My judgement is Spot on.


Everyone knows what a whiny little vulgar dick you are.

Bripat forgets, we've seen pictures.

You forget that everyone knows you're a douche bag.

Forget? I work hard to ensure my reputation lives up to my expectations.

 

[paperview]

My judgement is Spot on.


Everyone knows what a whiny little vulgar dick you are.

Bripat forgets, we've seen pictures.

You forget that everyone knows you're a douche bag.

Forget? I work hard to ensure my reputation lives up to my expectations.

And you do a damn good job of it. You kick some serious ass here.

 

[SwimExpert]

Here is the Contract in full. Look at the part in blue.

Trump Red Dialer | Login :: Smart Communicator


AGREEMENT

You have requested that the entity signing below (the "Company") engage you (as an employee, independent contractor, volunteer, or otherwise) to perform services, or an independent contractor that employs you has requested to be engaged by Company to perform services and you desire in your capacity as an employee of such independent contractor to perform all or a part of such services. You have made the promises and agreements set forth below in order to induce the Company to accept your or your employer’s, as applicable, offer of engagement and to permit you, in the applicable capacity, to perform all or a portion of the subject services. Those promises and agreements are part of what the Company is receiving in exchange for agreeing to engage you or your employer, and to permit you to perform all or a portion of the subject services, and the Company is relying on your fulfillment of these promises and agreements.
Any initially capitalized terms that are not defined when used in this agreement are defined in paragraph 6 below.

1. No Disclosure of Confidential Information. During the term of your service and at all times thereafter you hereby promise and agree:
   1. not to disclose, disseminate or publish, or cause to be disclosed, disseminated or published, any Confidential Information;
   2. not to assist others in obtaining, disclosing, disseminating, or publishing Confidential Information;
   3. not to use any Confidential Information in any way detrimental to the Company, Mr. Trump, any Family Member, any Trump Company or any Family Member Company;
   4. not to save, store or memorialize any Confidential Information (including, without limitation, incorporating it into any storage device, server, Internet site or retrieval system, whether electronic, cloud based, mechanical or otherwise) except as may be expressly required in connection with the performance of services to the Company;
   5. to (i) provide the Company with written notice of any legal obligation to disclose any Confidential Information as soon as you become aware of such obligation, (ii) not make any disclosure notwithstanding such obligation until the Company (or the appropriate Trump Person) has had a reasonable opportunity to seek an appropriate protective order or similar relief, (iii) fully cooperate and join with the Company (and the appropriate Trump Person) in any request for a protective order or similar relief, (iv) exercise all reasonable efforts to obtain reliable assurance that confidential treatment will be accorded such Confidential Information in the event no such protective order or similar relief is obtained, whether because it has been denied or because the Company (or the appropriate Trump Person) has elected not to seek it, and (iv) under all circumstances, not furnish any greater portion of the Confidential Information than you are advised by counsel is absolutely legally required to be disclosed by you or furnish any Confidential Information to any individual, company or governmental entity other than the one to whom or to which you are absolutely legally required to disclose it; and
   6. promptly upon the request, whenever made, of the Company, (i) return to the Company all Confidential Information furnished to you, together with all copies, abstracts, notes, reports, or other materials furnished to, or otherwise obtained by, you or prepared by you or on your behalf, without retaining copies, extracts or other reproductions, whether physical, electronic, cloud based or otherwise, in whole or in part, (ii) destroy all documents, memoranda, notes or other writings prepared by you or anyone on your behalf that are based upon the Confidential Information, and (iii) acknowledge such destruction in writing to Company. The foregoing provisions each apply to Confidential Information and disclosure, dissemination, publication, use and effort to help others obtain, saving, storing and memorializing of Confidential Information, as applicable, (i) by any means of expression, including but not limited to verbal, written, or visual, (ii) whether or not preserved in any medium now known or hereafter discovered or invented, including but not limited to audio recording of any type, written text, drawing, photograph, film, video, or electronic device, (iii) in any manner or form, including but not limited to any book, article, memoir, diary, letter, essay, speech, interview, panel or roundtable discussion, image, drawing, cartoon, radio broadcast, television broadcast, video, movie, theatrical production, Internet website, e-mail, Twitter tweet, Facebook page, or otherwise, even if fictionalized, (iv) in any language, or (v) in any country or other jurisdiction (collectively, the "Restricted Means and Contexts").
   
   
2. No Disparagement. During the term of your service and at all times thereafter you hereby promise and agree not to demean or disparage publicly the Company, Mr. Trump, any Trump Company, any Family Member, or any Family Member Company or any asset any of the foregoing own, or product or service any of the foregoing offer, in each case by or in any of the Restricted Means and Contexts and to prevent your employees from doing so.
3. No Competitive Services. Until the Non-Compete Cutoff Date you promise and agree not to assist or counsel, directly or indirectly, for compensation or as a volunteer, any person that is a candidate or exploring candidacy for President of the United States other than Mr. Trump and to prevent your employees from doing so.
4. No Competitive Solicitation. Until the Non-Solicitation Cutoff Date you promise and agree not to hire or solicit for hiring, or assist any other person, entity or organization to hire or solicit for hiring, any person that is an independent contractor of, employee of an independent contractor of, or employee of Company or any other Trump Person and who at any time provides services for the project or objective for which you or your employer, as applicable, are being engaged.
5. No Competitive Intellectual Property Claims. During the term of your service and at all times thereafter you promise and agree never to assert any rights to any intellectual property that (a) includes the name “Trump,” (b) is owned by or associated with the Company, Mr. Trump, any Trump Company, any Family Member or any Family Member Company, for example, without limitation, any name, likeness, voice, or image of Mr. Trump or any Family Member, or any logo, motto or phrase created, developed or commonly associated with any of them, or (c) is developed in connection with the project or objective for which your services are being engaged (all of which will be deemed a “work made for hire” or will be assigned by you to us).
6. Definitions. As used in this agreement, the following definitions apply:
   1. "Confidential Information" means all information (whether or not embodied in any media) of a private, proprietary or confidential nature or that Mr. Trump insists remain private or confidential, including, but not limited to, any information with respect to the personal life, political affairs, and/or business affairs of Mr. Trump or of any Family Member, including but not limited to, the assets, investments, revenue, expenses, taxes, financial statements, actual or prospective business ventures, contracts, alliances, affiliations, relationships, affiliated entities, bids, letters of intent, term sheets, decisions, strategies, techniques, methods, projections, forecasts, customers, clients, contacts, customer lists, contact lists, schedules, appointments, meetings, conversations, notes, and other communications of Mr. Trump, any Family Member, any Trump Company or any Family Member Company.
   2. "Family Member" means any member of Mr. Trump’s family, including, but not limited to, Mr. Trump’s spouse, each of Mr. Trump’s children and grandchildren and their respective spouses, including but not limited to Donald J. Trump Jr., Eric F. Trump and Ivanka M. Trump, Tiffany Trump, and Barron Trump, and their respective spouses, children and grandchildren, if any, and Mr. Trump’s siblings and their respective spouses and children, if any.
   3. "Family Member Company"means any entity, partnership, trust or organization that, in whole or in part, was created by or for the benefit of any Family Member or is controlled or owned by any Family Member.
   4. "Non-Compete Cut Off Date" means the date the current U.S presidential election cycle is over or, if earlier, the date Mr. Trump announces that he will not run or will no longer run for the Presidency of the United States of America in the current U.S. presidential election cycle.
   5. "Non-Solicitation Cutoff Date" means the Non-Compete Cut Off Date.
   6. "Trump Company" means any entity, partnership, trust or organization that, in whole or in part, was created by or for the benefit of Mr. Trump or is controlled or owned by Mr. Trump.
   7. "Trump Person"means each of Mr. Trump, each Family Member, each Trump Company (including but not limited to the Company) and each Family Member Company.
   
   
7. Remedies for Breach of this Agreement.
   1. Consent to Injunction. A breach of any of your promises or agreements under this agreement will cause the Company, Mr. Trump and each other Trump Person irreparable harm. Accordingly, to the extent permitted by law, and without waiving any other rights or remedies against you at law or in equity, you hereby consent to the entry of any order, without prior notice to you, temporarily or permanently enjoining you from violating any of the terms, covenants, agreements or provisions of this agreement on your part to be performed or observed. Such consent is intended to apply to an injunction of any breach or threatened breach.
   2. Agreement to Indemnify. You hereby agree to indemnify, defend (with counsel acceptable to the Trump Person you are defending) and hold harmless each Trump Person from and against any claim, demand, suit, proceeding, damages, cost, loss or expense of any kind or nature, including but not limited to reasonable attorneys’ fees and disbursements, incurred by any Trump Person as a consequence of your breach of any of your promises or agreements in this agreement.
   3. Damages and Other Remedies. Notwithstanding anything to the contrary, each Trump Person will be entitled to all remedies available at law and equity, including but not limited to monetary damages, in the event of your breach of this agreement. Nothing contained in this agreement will constitute a waiver of any Trump Person’s remedies at law or in equity, all of which are expressly reserved.
   4. Third Party Beneficiaries. Mr. Trump and each Family Member, Trump Company and Family Member Company is an intended third party beneficiary of this agreement. Without limiting the preceding sentence, Mr. Trump, each Family Member, Trump Company and Family Member Company, in addition to the Company, will be entitled to the benefit of this agreement and to enforce this agreement.
   
   
8. Resolution of Disputes.
   1. Governing Law; Jurisdiction and Venue. This Agreement is deemed to have been made in the State of New York, and any and all performance hereunder, breach hereof, or claims with respect to the enforceability of this agreement must be interpreted and construed pursuant to the laws of the State of New York without regard to conflict of laws or rules applied in the State of New York. You hereby consent to exclusive personal jurisdiction and venue in the State of New York with respect to any action or proceeding brought with respect to this agreement.
   2. Arbitration. Without limiting the Company’s or any other Trump Person’s right to commence a lawsuit in a court of competent jurisdiction in the State of New York, any dispute arising under or relating to this agreement may, at the sole discretion of each Trump Person, be submitted to binding arbitration in the State of New York pursuant to the rules for commercial arbitrations of the American Arbitration Association, and you hereby agree to and will not contest such submissions. Judgment upon the award rendered by an arbitrator may be entered in any court having jurisdiction.
   3. Prevailing Party Fees. Any court judgment or arbitration award shall include an award of reasonable legal fees and costs to the prevailing party.
   4. Interpretation and Representation by Counsel. This agreement has been drafted on behalf of the undersigned only as a convenience and may not, by reason of such action, be construed against the undersigned. Each of the parties (i) has had the opportunity to be and/or has elected not to be, represented by counsel, (ii) has reviewed each of the provisions in this agreement carefully and (iii) has negotiated or has had full opportunity to negotiate the terms of this agreement, specifically including, but not limited to Paragraph 7 hereof. You waive any claims that may be available at law or in equity to the effect that you did not have the opportunity to so consult with counsel.
   5. No Waiver. Neither the failure or delay to exercise one or more rights under this agreement nor the partial exercise of any such right, will be deemed a renunciation or waiver of such rights or any part thereof or affect, in any way, this agreement or any part hereof or the right to exercise or further exercise any right under this agreement or at law or in equity.
9. Miscellaneous. Modifications. No change or waiver of the terms, covenants and provisions of this agreement will be valid unless made in writing and signed by the undersigned. Relationship. Nothing herein contained is intended to, nor shall it be construed as, reflecting any employer-employee or independent contractor relationship between you and the undersigned or any other individual or entity. Counterparts. This agreement may be executed in any number of counterparts, all of which taken together will constitute one and same instrument. Delivery of an executed signature page of this agreement by facsimile transmission or .pdf, .jpeg, .TIFF, or other electronic format or electronic mail attachment will be effective as delivery of an original executed counterparty hereof.
10. Survival. This agreement will survive the expiration, cancellation or termination of any employment or independent contractor relationship that you may have with the Company or with any individual, entity, partnership, trust or organization that the Company has engaged.

And here's the real problem in all of this: This does not constitute an enforceable contract. Trump is doing what Trump does: He's leveraging his ego, believing that simply wanting something to be so makes it so. He wants to call something a contract, ergo it becomes a contract in his mind.

Of course, most people seem to be similarly uninformed about what constitutes an enforceable contract. But given Trump's position as a major businessman, he ought to understand the basics. What we see above is nothing more than a written wishlist of things that Trump wants people to do. Even if someone agrees, that does not by itself create a contract. A contract requires consideration. In order for a contract to exist two parties must exchange something of value. For example, you hire a contractor to repair your roof. The contractor performs work, you provide money.

What Trump has is a form that mimics a contract-esk appearance, complete with legalese, in hopes of generating a sense of obligation comparable to what a person might feel if they were bound by a contract. There is no consideration traded in the agreement. Where work is provided on a volunteer basis, the volunteer receives nothing of value in return. Therefore, it is impossible for such a relationship to be bound by a contract.

For those people who are paid employees, this little maneuver actually creates a danger for Trump. If Trump ever tried to take someone to court for violating this, he's only leg to stand on for calling it a contract would be the exchange of pay for work. If he were to make such an argument, then he would actually be saying that the agreement constituted an employment contract. And that would subsequently open the door to all kinds of secondary nightmares.

 

[Indeependent]

When I sign a contract at any given company I also have to sign an agreement like like.
For instance, if I leave after a year and I talk shit about the company, I can be sued.

 

[paperview]

I have a Q. for you Swim.

This Non Disparagement portion:

"No Disparagement. During the term of your service and at all times thereafter you hereby promise and agree not to demean or disparage publicly the Company, Mr. Trump, any Trump Company, any Family Member, or any Family Member Company or any asset any of the foregoing own, or product or service any of the foregoing offer, in each case by or in any of the Restricted Means and Contexts and to prevent your employees from doing so."

Am I reading it correctly that the "Restricted Means and Contexts" is defined such that all these forms of communication listed below apply, (as they do in the NDA about not disclosing campaign information, etc. which is understandable) likewise?

That is, you can't say anything bad, about anything Trump related

-------> by any means of expression, including but not limited to verbal, written, or visual, (ii) whether or not preserved in any medium now known or hereafter discovered or invented, including but not limited to audio recording of any type, written text, drawing, photograph, film, video, or electronic device, (iii) in any manner or form, including but not limited to any book, article, memoir, diary, letter, essay, speech, interview, panel or roundtable discussion, image, drawing, cartoon, radio broadcast, television broadcast, video, movie, theatrical production, Internet website, e-mail, Twitter tweet, Facebook page, or otherwise, even if fictionalized, (iv) in any language, or (v) in any country or other jurisdiction (collectively, the "Restricted Means and Contexts").

?

 

[paperview]

Here is the Contract in full. Look at the part in blue.

Trump Red Dialer | Login :: Smart Communicator


AGREEMENT

You have requested that the entity signing below (the "Company") engage you (as an employee, independent contractor, volunteer, or otherwise) to perform services, or an independent contractor that employs you has requested to be engaged by Company to perform services and you desire in your capacity as an employee of such independent contractor to perform all or a part of such services. You have made the promises and agreements set forth below in order to induce the Company to accept your or your employer’s, as applicable, offer of engagement and to permit you, in the applicable capacity, to perform all or a portion of the subject services. Those promises and agreements are part of what the Company is receiving in exchange for agreeing to engage you or your employer, and to permit you to perform all or a portion of the subject services, and the Company is relying on your fulfillment of these promises and agreements.
Any initially capitalized terms that are not defined when used in this agreement are defined in paragraph 6 below.

1. No Disclosure of Confidential Information. During the term of your service and at all times thereafter you hereby promise and agree:
   1. not to disclose, disseminate or publish, or cause to be disclosed, disseminated or published, any Confidential Information;
   2. not to assist others in obtaining, disclosing, disseminating, or publishing Confidential Information;
   3. not to use any Confidential Information in any way detrimental to the Company, Mr. Trump, any Family Member, any Trump Company or any Family Member Company;
   4. not to save, store or memorialize any Confidential Information (including, without limitation, incorporating it into any storage device, server, Internet site or retrieval system, whether electronic, cloud based, mechanical or otherwise) except as may be expressly required in connection with the performance of services to the Company;
   5. to (i) provide the Company with written notice of any legal obligation to disclose any Confidential Information as soon as you become aware of such obligation, (ii) not make any disclosure notwithstanding such obligation until the Company (or the appropriate Trump Person) has had a reasonable opportunity to seek an appropriate protective order or similar relief, (iii) fully cooperate and join with the Company (and the appropriate Trump Person) in any request for a protective order or similar relief, (iv) exercise all reasonable efforts to obtain reliable assurance that confidential treatment will be accorded such Confidential Information in the event no such protective order or similar relief is obtained, whether because it has been denied or because the Company (or the appropriate Trump Person) has elected not to seek it, and (iv) under all circumstances, not furnish any greater portion of the Confidential Information than you are advised by counsel is absolutely legally required to be disclosed by you or furnish any Confidential Information to any individual, company or governmental entity other than the one to whom or to which you are absolutely legally required to disclose it; and
   6. promptly upon the request, whenever made, of the Company, (i) return to the Company all Confidential Information furnished to you, together with all copies, abstracts, notes, reports, or other materials furnished to, or otherwise obtained by, you or prepared by you or on your behalf, without retaining copies, extracts or other reproductions, whether physical, electronic, cloud based or otherwise, in whole or in part, (ii) destroy all documents, memoranda, notes or other writings prepared by you or anyone on your behalf that are based upon the Confidential Information, and (iii) acknowledge such destruction in writing to Company. The foregoing provisions each apply to Confidential Information and disclosure, dissemination, publication, use and effort to help others obtain, saving, storing and memorializing of Confidential Information, as applicable, (i) by any means of expression, including but not limited to verbal, written, or visual, (ii) whether or not preserved in any medium now known or hereafter discovered or invented, including but not limited to audio recording of any type, written text, drawing, photograph, film, video, or electronic device, (iii) in any manner or form, including but not limited to any book, article, memoir, diary, letter, essay, speech, interview, panel or roundtable discussion, image, drawing, cartoon, radio broadcast, television broadcast, video, movie, theatrical production, Internet website, e-mail, Twitter tweet, Facebook page, or otherwise, even if fictionalized, (iv) in any language, or (v) in any country or other jurisdiction (collectively, the "Restricted Means and Contexts").
   
   
2. No Disparagement. During the term of your service and at all times thereafter you hereby promise and agree not to demean or disparage publicly the Company, Mr. Trump, any Trump Company, any Family Member, or any Family Member Company or any asset any of the foregoing own, or product or service any of the foregoing offer, in each case by or in any of the Restricted Means and Contexts and to prevent your employees from doing so.
3. No Competitive Services. Until the Non-Compete Cutoff Date you promise and agree not to assist or counsel, directly or indirectly, for compensation or as a volunteer, any person that is a candidate or exploring candidacy for President of the United States other than Mr. Trump and to prevent your employees from doing so.
4. No Competitive Solicitation. Until the Non-Solicitation Cutoff Date you promise and agree not to hire or solicit for hiring, or assist any other person, entity or organization to hire or solicit for hiring, any person that is an independent contractor of, employee of an independent contractor of, or employee of Company or any other Trump Person and who at any time provides services for the project or objective for which you or your employer, as applicable, are being engaged.
5. No Competitive Intellectual Property Claims. During the term of your service and at all times thereafter you promise and agree never to assert any rights to any intellectual property that (a) includes the name “Trump,” (b) is owned by or associated with the Company, Mr. Trump, any Trump Company, any Family Member or any Family Member Company, for example, without limitation, any name, likeness, voice, or image of Mr. Trump or any Family Member, or any logo, motto or phrase created, developed or commonly associated with any of them, or (c) is developed in connection with the project or objective for which your services are being engaged (all of which will be deemed a “work made for hire” or will be assigned by you to us).
6. Definitions. As used in this agreement, the following definitions apply:
   1. "Confidential Information" means all information (whether or not embodied in any media) of a private, proprietary or confidential nature or that Mr. Trump insists remain private or confidential, including, but not limited to, any information with respect to the personal life, political affairs, and/or business affairs of Mr. Trump or of any Family Member, including but not limited to, the assets, investments, revenue, expenses, taxes, financial statements, actual or prospective business ventures, contracts, alliances, affiliations, relationships, affiliated entities, bids, letters of intent, term sheets, decisions, strategies, techniques, methods, projections, forecasts, customers, clients, contacts, customer lists, contact lists, schedules, appointments, meetings, conversations, notes, and other communications of Mr. Trump, any Family Member, any Trump Company or any Family Member Company.
   2. "Family Member" means any member of Mr. Trump’s family, including, but not limited to, Mr. Trump’s spouse, each of Mr. Trump’s children and grandchildren and their respective spouses, including but not limited to Donald J. Trump Jr., Eric F. Trump and Ivanka M. Trump, Tiffany Trump, and Barron Trump, and their respective spouses, children and grandchildren, if any, and Mr. Trump’s siblings and their respective spouses and children, if any.
   3. "Family Member Company"means any entity, partnership, trust or organization that, in whole or in part, was created by or for the benefit of any Family Member or is controlled or owned by any Family Member.
   4. "Non-Compete Cut Off Date" means the date the current U.S presidential election cycle is over or, if earlier, the date Mr. Trump announces that he will not run or will no longer run for the Presidency of the United States of America in the current U.S. presidential election cycle.
   5. "Non-Solicitation Cutoff Date" means the Non-Compete Cut Off Date.
   6. "Trump Company" means any entity, partnership, trust or organization that, in whole or in part, was created by or for the benefit of Mr. Trump or is controlled or owned by Mr. Trump.
   7. "Trump Person"means each of Mr. Trump, each Family Member, each Trump Company (including but not limited to the Company) and each Family Member Company.
   
   
7. Remedies for Breach of this Agreement.
   1. Consent to Injunction. A breach of any of your promises or agreements under this agreement will cause the Company, Mr. Trump and each other Trump Person irreparable harm. Accordingly, to the extent permitted by law, and without waiving any other rights or remedies against you at law or in equity, you hereby consent to the entry of any order, without prior notice to you, temporarily or permanently enjoining you from violating any of the terms, covenants, agreements or provisions of this agreement on your part to be performed or observed. Such consent is intended to apply to an injunction of any breach or threatened breach.
   2. Agreement to Indemnify. You hereby agree to indemnify, defend (with counsel acceptable to the Trump Person you are defending) and hold harmless each Trump Person from and against any claim, demand, suit, proceeding, damages, cost, loss or expense of any kind or nature, including but not limited to reasonable attorneys’ fees and disbursements, incurred by any Trump Person as a consequence of your breach of any of your promises or agreements in this agreement.
   3. Damages and Other Remedies. Notwithstanding anything to the contrary, each Trump Person will be entitled to all remedies available at law and equity, including but not limited to monetary damages, in the event of your breach of this agreement. Nothing contained in this agreement will constitute a waiver of any Trump Person’s remedies at law or in equity, all of which are expressly reserved.
   4. Third Party Beneficiaries. Mr. Trump and each Family Member, Trump Company and Family Member Company is an intended third party beneficiary of this agreement. Without limiting the preceding sentence, Mr. Trump, each Family Member, Trump Company and Family Member Company, in addition to the Company, will be entitled to the benefit of this agreement and to enforce this agreement.
   
   
8. Resolution of Disputes.
   1. Governing Law; Jurisdiction and Venue. This Agreement is deemed to have been made in the State of New York, and any and all performance hereunder, breach hereof, or claims with respect to the enforceability of this agreement must be interpreted and construed pursuant to the laws of the State of New York without regard to conflict of laws or rules applied in the State of New York. You hereby consent to exclusive personal jurisdiction and venue in the State of New York with respect to any action or proceeding brought with respect to this agreement.
   2. Arbitration. Without limiting the Company’s or any other Trump Person’s right to commence a lawsuit in a court of competent jurisdiction in the State of New York, any dispute arising under or relating to this agreement may, at the sole discretion of each Trump Person, be submitted to binding arbitration in the State of New York pursuant to the rules for commercial arbitrations of the American Arbitration Association, and you hereby agree to and will not contest such submissions. Judgment upon the award rendered by an arbitrator may be entered in any court having jurisdiction.
   3. Prevailing Party Fees. Any court judgment or arbitration award shall include an award of reasonable legal fees and costs to the prevailing party.
   4. Interpretation and Representation by Counsel. This agreement has been drafted on behalf of the undersigned only as a convenience and may not, by reason of such action, be construed against the undersigned. Each of the parties (i) has had the opportunity to be and/or has elected not to be, represented by counsel, (ii) has reviewed each of the provisions in this agreement carefully and (iii) has negotiated or has had full opportunity to negotiate the terms of this agreement, specifically including, but not limited to Paragraph 7 hereof. You waive any claims that may be available at law or in equity to the effect that you did not have the opportunity to so consult with counsel.
   5. No Waiver. Neither the failure or delay to exercise one or more rights under this agreement nor the partial exercise of any such right, will be deemed a renunciation or waiver of such rights or any part thereof or affect, in any way, this agreement or any part hereof or the right to exercise or further exercise any right under this agreement or at law or in equity.
9. Miscellaneous. Modifications. No change or waiver of the terms, covenants and provisions of this agreement will be valid unless made in writing and signed by the undersigned. Relationship. Nothing herein contained is intended to, nor shall it be construed as, reflecting any employer-employee or independent contractor relationship between you and the undersigned or any other individual or entity. Counterparts. This agreement may be executed in any number of counterparts, all of which taken together will constitute one and same instrument. Delivery of an executed signature page of this agreement by facsimile transmission or .pdf, .jpeg, .TIFF, or other electronic format or electronic mail attachment will be effective as delivery of an original executed counterparty hereof.
10. Survival. This agreement will survive the expiration, cancellation or termination of any employment or independent contractor relationship that you may have with the Company or with any individual, entity, partnership, trust or organization that the Company has engaged.

And here's the real problem in all of this: This does not constitute an enforceable contract. Trump is doing what Trump does: He's leveraging his ego, believing that simply wanting something to be so makes it so. He wants to call something a contract, ergo it becomes a contract in his mind.

Of course, most people seem to be similarly uninformed about what constitutes an enforceable contract. But given Trump's position as a major businessman, he ought to understand the basics. What we see above is nothing more than a written wishlist of things that Trump wants people to do. Even if someone agrees, that does not by itself create a contract. A contract requires consideration. In order for a contract to exist two parties must exchange something of value. For example, you hire a contractor to repair your roof. The contractor performs work, you provide money.

What Trump has is a form that mimics a contract-esk appearance, complete with legalese, in hopes of generating a sense of obligation comparable to what a person might feel if they were bound by a contract. There is no consideration traded in the agreement. Where work is provided on a volunteer basis, the volunteer receives nothing of value in return. Therefore, it is impossible for such a relationship to be bound by a contract.

For those people who are paid employees, this little maneuver actually creates a danger for Trump. If Trump ever tried to take someone to court for violating this, he's only leg to stand on for calling it a contract would be the exchange of pay for work. If he were to make such an argument, then he would actually be saying that the agreement constituted an employment contract. And that would subsequently open the door to all kinds of secondary nightmares.

Interesting lay out of this.

I do know about the "consideration" part - and it was brought up in another thread, when I noted :

It could also be argued by Trump's lawyers the volunteer "gained valuable training and experience, made useful contacts etc."

This is Trump. He thinks his ego is "something of value."

 

[SwimExpert]

It could also be argued by Trump's lawyers the volunteer "gained valuable training and experience, made useful contacts etc."

This is Trump. He thinks his ego is "something of value."

Bingo. If he really tries to pull that crap he would literally be trying to claim that breathing the same air as him has monetary value. It's just about the only thing left in the world that could make him look like even more of a buffoon. Of course, I thought the same thing about the taco bowl pic. The man keeps finding new ways to make an ass out of himself.

 

[Pogo]

And of course the case where there's no contract at all is even shakier.

That's kinda an oxymoron. You can't have a contract without having a contract.

That's a reference to the volunteer thingy where no consideration is transferred. The same one you expounded on in post 91.

 

[Pogo]

It could also be argued by Trump's lawyers the volunteer "gained valuable training and experience, made useful contacts etc."

This is Trump. He thinks his ego is "something of value."

Bingo. If he really tries to pull that crap he would literally be trying to claim that breathing the same air as him has monetary value. It's just about the only thing left in the world that could make him look like even more of a buffoon. Of course, I thought the same thing about the taco bowl pic. The man keeps finding new ways to make an ass out of himself.

And he would actually believe it when he utters it, figuring that if he says it persuasively enough the gullible will swallow.

 

[SwimExpert]

I have a Q. for you Swim.

This Non Disparagement portion:

"No Disparagement. During the term of your service and at all times thereafter you hereby promise and agree not to demean or disparage publicly the Company, Mr. Trump, any Trump Company, any Family Member, or any Family Member Company or any asset any of the foregoing own, or product or service any of the foregoing offer, in each case by or in any of the Restricted Means and Contexts and to prevent your employees from doing so."

Am I reading it correctly that the "Restricted Means and Contexts" is defined such that all these forms of communication listed below apply, (as they do in the NDA about not disclosing campaign information, etc. which is understandable) likewise?

That is, you can't say anything bad, about anything Trump related

-------> by any means of expression, including but not limited to verbal, written, or visual, (ii) whether or not preserved in any medium now known or hereafter discovered or invented, including but not limited to audio recording of any type, written text, drawing, photograph, film, video, or electronic device, (iii) in any manner or form, including but not limited to any book, article, memoir, diary, letter, essay, speech, interview, panel or roundtable discussion, image, drawing, cartoon, radio broadcast, television broadcast, video, movie, theatrical production, Internet website, e-mail, Twitter tweet, Facebook page, or otherwise, even if fictionalized, (iv) in any language, or (v) in any country or other jurisdiction (collectively, the "Restricted Means and Contexts").

?

Honestly, I think it's intentional jabberwocky. Either that, or it's a catastrophic late night rush job by some sleep deprived moron. Perhaps someone who has a massive ego problem and insisted on drafting things into the agreement that made absolutely no sense, so he did it himself when everyone else was telling him he was a moron. Because it's just plain unintelligible as far as I can tell, and that whole "restricted means and contexts" line is downright laughable to me. Unless there's some kind of special legal meaning to that phrase that non-lawyers are not going to know about, it sounds to me like a Trump-esk attempt to use his best words.

The paragraph you're citing applies to the nondisclosure provisions, but not the non-disparagement clause. The best thing I can gather is that the agreement wishlist is basically saying that confidential information cannot be disclosed in any form including, yadda, yadda, yadda....end point being that everything, period is a restricted means or context for the purpose of disclosing said confidential information.

 

[paperview]

I have a Q. for you Swim.

This Non Disparagement portion:

"No Disparagement. During the term of your service and at all times thereafter you hereby promise and agree not to demean or disparage publicly the Company, Mr. Trump, any Trump Company, any Family Member, or any Family Member Company or any asset any of the foregoing own, or product or service any of the foregoing offer, in each case by or in any of the Restricted Means and Contexts and to prevent your employees from doing so."

Am I reading it correctly that the "Restricted Means and Contexts" is defined such that all these forms of communication listed below apply, (as they do in the NDA about not disclosing campaign information, etc. which is understandable) likewise?

That is, you can't say anything bad, about anything Trump related

-------> by any means of expression, including but not limited to verbal, written, or visual, (ii) whether or not preserved in any medium now known or hereafter discovered or invented, including but not limited to audio recording of any type, written text, drawing, photograph, film, video, or electronic device, (iii) in any manner or form, including but not limited to any book, article, memoir, diary, letter, essay, speech, interview, panel or roundtable discussion, image, drawing, cartoon, radio broadcast, television broadcast, video, movie, theatrical production, Internet website, e-mail, Twitter tweet, Facebook page, or otherwise, even if fictionalized, (iv) in any language, or (v) in any country or other jurisdiction (collectively, the "Restricted Means and Contexts").

?

Honestly, I think it's intentional jabberwocky. Either that, or it's a catastrophic late night rush job by some sleep deprived moron. Perhaps someone who has a massive ego problem and insisted on drafting things into the agreement that made absolutely no sense, so he did it himself when everyone else was telling him he was a moron. Because it's just plain unintelligible as far as I can tell, and that whole "restricted means and contexts" line is downright laughable to me. Unless there's some kind of special legal meaning to that phrase that non-lawyers are not going to know about, it sounds to me like a Trump-esk attempt to use his best words.

The paragraph you're citing applies to the nondisclosure provisions, but not the non-disparagement clause. The best thing I can gather is that the agreement wishlist is basically saying that confidential information cannot be disclosed in any form including, yadda, yadda, yadda....end point being that everything, period is a restricted means or context for the purpose of disclosing said confidential information.

"The paragraph you're citing applies to the nondisclosure provisions, but not the non-disparagement clause."

I thought that at first too, but said jabberwhacky is included in the non-disparagement clause.

"...in each case by or in any of the Restricted Means and Contexts "

I was reading this article a few days ago: Trump’s adhesion contract from hell

(which I just learned was penned by "one of the leading, Internet law scholars in the United States.")

And my thought at the time he wrote it, he has to have been wrong about this:\

"The clause is limited to only those episodes of demeaning or disparaging that occur “by or in any of the Restricted Means and Contexts.” Perhaps this restriction ameliorates the ridiculously broad sweep of the “no disparagement” obligation.

That turns out, however, not to be the case. “Restricted Means and Contexts” are defined to include:

any means of expression, including but not limited to verbal, written, or visual, (ii) whether or not preserved in any medium now known or hereafter discovered or invented, including but not limited to audio recording of any type, written text, drawing, photograph, film, video, or electronic device, (iii) in any manner or form, including but not limited to any book, article, memoir, diary, letter, essay, speech, interview, panel or roundtable discussion, image, drawing, cartoon, radio broadcast, television broadcast, video, movie, theatrical production, Internet website, e-mail, Twitter tweet, Facebook page, or otherwise, even if fictionalized, (iv) in any language, or (v) in any country or other jurisdiction …

No disparagements are allowed, but this covers only disparagements expressed in any means of expression, in any medium, in any manner, in any language, in any country. Not very “restricted,” I should say."

after seeing the bit in the NDA portion.

Then I got to think more on it, and it does seem to imply that it does apply to the disparagements bit.

So now I'm still confused.

(I'm sure that it's done that way by design, as you say: jabberwhocky!)

The author of the piece doesn't think too much of it, but concludes it's pretty shoddy lawyering work.

"...but not, surely, because his campaign hired some lawyers who drafted a lousy agreement.

But still. For a guy who cultivates an aura of being surrounded by sharp, can-do types who can get things done, it’s a little disheartening – first we find out his personal doctor writes prose like a 15-year old, and now his lawyers put this out. It’s not exactly confidence-inducing."

 

[SwimExpert]

It’s not exactly confidence-inducing."

True. But then again his hair already eliminated my ability to have any confidence in him whatsoever.