Drafting Memoranda of Understanding and Heads of Agreement

Preliminary agreements shape deals long before the final contract is signed, yet a loosely worded memorandum of understanding can create binding obligations no one intended. This course shows African commercial teams how to draft MOUs, letters of intent and heads of agreement that record intentions clearly while controlling legal exposure. Delegates work through real deal scenarios common in cross border partnerships, government engagements and joint bids.

What you will be able to do

Distinguish binding from non binding preliminary agreements and their legal consequences.
Draft memoranda of understanding that record commercial intent without premature commitment.
Structure exclusivity, confidentiality and cost sharing clauses in early stage documents.
Manage the transition from heads of agreement to a signed definitive contract.
Avoid common drafting traps that turn a letter of intent into an enforceable deal.
Coordinate stakeholder sign off and internal approvals for preliminary agreements.

Course outline

01Purpose and Legal Status of Preliminary Agreements
02Binding Versus Non Binding Language
03Anatomy of a Memorandum of Understanding
04Exclusivity, Confidentiality and Cost Sharing Clauses
05Heads of Agreement for Complex Transactions
06Managing Conditions Precedent and Deal Milestones
07Transitioning to the Definitive Contract
08Common Pitfalls and Practical Drafting Checklist

Who should attend

This course suits business development managers, deal originators, commercial and legal officers, and executives who negotiate partnerships, joint bids and early stage arrangements before formal contracts are concluded.

Dates, venues and fees

Dates	Venue	Days	Fee
17 to 18 Aug 2026	Mozambique	2	US$1,100
24 to 25 Aug 2026	Cairo	2	US$1,100
31 Aug to 1 Sep 2026	Accra	2	US$1,100
7 to 8 Sep 2026	Lusaka	2	US$1,100
14 to 15 Sep 2026	Kigali	2	US$1,100
21 to 22 Sep 2026	Nairobi	2	US$1,100
28 to 29 Sep 2026	Durban	2	R10,000
5 to 6 Oct 2026	Johannesburg	2	R10,000
19 to 20 Oct 2026	Mauritius	2	US$1,100
26 to 27 Oct 2026	Dubai	2	US$1,100
2 to 3 Nov 2026	Lagos	2	US$1,100
9 to 10 Nov 2026	Harare	2	US$1,100
16 to 17 Nov 2026	Kampala	2	US$1,100
23 to 24 Nov 2026	Dar es Salaam	2	US$1,100
30 Nov to 1 Dec 2026	Pretoria	2	R10,000
7 to 8 Dec 2026	Cape Town	2	R10,000
21 to 22 Dec 2026	Online	2	US$900

Fees are per delegate. South African venues are priced in rand; other locations and online in US dollars. Fees exclude 15% VAT where applicable. Group bookings of three or more delegates from the same organisation qualify for a reduced rate; contact us for a quotation.

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Training a whole team?

We can run Drafting Memoranda of Understanding and Heads of Agreement privately for your team, on your dates and built around your own systems. Group delivery is usually more cost effective from about six delegates.

Run this in-house