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In this video, attorney Brian Russ discusses the concept of a Memorandum of Understanding (MOU). He explains that MOUs are generally considered non-binding agreements that express the intent of parties to engage in discussions or collaborations. However, he cautions against the misconception that labeling a document as an MOU automatically exempts it from being a contract. The elements of a contract—mutual assent, offer, acceptance, consideration, and capacity—are critical; thus, an MOU can still be binding if it contains these elements. Ultimately, he advises caution in assuming that an MOU is not a contract simply based on its title.