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In this video, attorney Brian Russ explains that a Memorandum of Understanding (MOU) is typically viewed as a non-binding agreement that indicates the parties' intent to discuss or collaborate on a matter. However, he cautions that just because a document is labeled as an MOU does not mean it can't be a binding contract. If the document includes essential elements of a contract—such as mutual assent, offer, acceptance, consideration, and capacity—it may still be enforceable. He emphasizes that the terminology used does not determine the legal binding nature of the agreement.