These agreements are generally recognized as non-binding unless they contain an express provision stating that they are binding and that neither party is liable, even if no definitive agreement is reached and nothing is exchanged. Declarations of intent should contain a language in which they are not expressly non-binding. If you write such a letter, be sure to place the words “non-binding” in the first paragraph. If it is sent by email, make sure that “non-binding” is also in the subject line. Also add a statement that neither party will be required to sign a binding contract unless they are fully satisfied with the agreement. A Memorandum of Understanding is often the first written document exchanged and signed by the parties to an agreement. It summarizes the terms of the agreement and serves as a reference point for further discussions and negotiations. It is usually clearly identified as non-binding within the document. . .