MOUs

An MOU, or memorandum of understanding, is a written document that records the intentions and understandings between two or more parties regarding collaboration, cooperation, or mutual objectives. It is typically used to express a shared purpose and outline the general framework of an expected relationship without creating a legally enforceable commitment.

Contents commonly include the identities of the parties, the purpose and scope of the collaboration, roles and responsibilities, the resources each party will contribute, timelines or milestones, governance and decision-making processes, confidentiality, intellectual property rights, publication or dissemination of results, and provisions for amendment or termination.

Legal status: MOUs are generally non-binding and not enforceable as contracts. However, certain provisions—such as confidentiality, non-disclosure, or specific obligations—may be legally binding if drafted as binding terms and supported by consideration and applicable law. The overall binding effect depends on language, intent, and jurisdiction.

Usage: MOUs are common in government, academia, nonprofits, and industry as a precursor to a formal contract, a framework for ongoing dialogue, or a way to synchronize expectations before negotiations. They should be carefully drafted to avoid ambiguity and include clear terms on termination, dispute resolution, and the possibility of entering into a binding agreement later.