KATE GOSSELIN: HOW SHE FOOLED THE WORLD - THE RISE AND FALL OF A REALITY TV QUEEN

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Authors: Robert Hoffman
the Confidentiality Agreement had already been made at Kate’s insistence, Kate continued to have concerns about the wording in the document. An email exchange between Kate and Wendy Douglas of Discovery in May of 2008 confirmed this when Kate expressed her strong opinion that she wanted the Confidentiality Agreement to be clearer in regard to people discussing “the Gosselin family.” Kate wrote to Wendy that she noticed the addition of the words “the Gosselin” family in a paragraph, but she still didn’t think it was clear enough.
    Kate told Wendy that she was satisfied that anyone reading the Agreement would understand they could not talk about their participation in “the shoot,” and/or any plans for a particular TLC shoot; she also agreed that the Agreement made it clear that someone could not send out any press releases to benefit their own business. However, she was concerned that only a close reader would pick up on the fact that they were not permitted to discuss the family. Kate wanted to make absolutely certain that readers of the Agreement completely understood that they couldn’t discuss the Gosselin family at all. She wanted more flagging and attention paid to the Gosselin part of it because she felt that people NEEDED to know they were not permitted to discuss her family.
    Wendy Douglas assured Kate that their Legal team felt the language in the Agreement covered Kate’s concerns, and that it applied to “all” information, not just “disparaging” information about the family. Through this Confidentiality Agreement, Discovery/TLC/Figure 8 Films and Kate threatened potential blabbermouths with massive lawsuits – in the millions of dollars – that would leave them homeless, according to Kate.
    Some key points from the Confidentiality and Nondisclosure Agreement are summarized below. Anyone who signed this Agreement to be engaged by Figure 8 Films (the “Producer”) “to render services in connection with the production of the television series entitled ‘Jon & Kate Plus 8’ (the ‘Series’)” agreed to the following and more:
They would follow all of the Producer’s security procedures, and maintain and preserve the confidentiality and secrecy of all information and materials concerning the Series (whether the information or materials were confidential or not).
They would not participate in any publicity, press releases or press conferences, or speak with the press, about the Series or Confidential Information.
They would not sell any stories or Confidential Information about the Series to any third party.
They would reject any request from any third party (e.g., journalists, media representatives, book publishers or authors, or anyone who wrote for or published on the Internet) to disclose, confirm or deny any information covered by the Agreement. They were instructed to issue a “no comment” and immediately advise the Producer if they received any such request.
They would not participate in any way in the preparation or production of any materials, including books, magazine articles, newspaper articles, television shows, Internet Websites and any other form of media, about the Series.
They understood that any disclosure or misappropriation of any Confidential Information at any time was a violation of the Agreement and could cause the Producer and the Gosselin Family irreparable harm, and could adversely affect the reputation of the Gosselin Family, or the Series, or television ratings, and place the Producer and the Gosselin Family in breach of their respective agreements with third parties.
They understood that any monetary damages might not be sufficient to compensate the Producer or the Gosselin Family for the unauthorized use or disclosure of the Confidential Information and that “injunctive or other equitable relief would be appropriate to prevent any improper actual or threatened use or disclosure of the Confidential Information or other breach of this Agreement.” (In

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