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In this video, attorney Brian Russ explains the concept of a Memorandum of Understanding (MOU). He emphasizes that MOUs are typically non-binding agreements that show the intent of parties to engage in discussions or collaborations. However, he warns that simply labeling a document as an MOU does not automatically make it non-binding. If the document contains the essential elements of a contract—such as mutual assent, offer, acceptance, consideration, and capacity—it can still be legally binding, regardless of its title. Therefore, he advises caution in assuming that an MOU cannot function as a contract.