It shall not be deemed to be legally binding on either party unless it is accepted as an annex to a formally binding contract to be signed at a later date. Writing an agreement should not be a complicated process, but it should be taken seriously. Start by including the following key elements in your document before adding other more specific clauses to your agreement. These are all different expressions that mean the same thing: pre-agreements or pre-contractual agreements. A head of agreement is a non-binding document that identifies the main conditions of two parties who conclude an agreement in the future. It is not a legally binding document, but a declaration of intent by both parties and is used to continue negotiations in good faith. It is possible that this document is also called a statement of intent or term. Here are examples of some of the different forms of business concepts and declarations of intent in models: but often companies go further and use agreement heads for purposes that go beyond their main purpose. A Memorandum of Understanding is used before a member of the Agreement, but is not mandatory. Although both documents are used as precursors to a formal agreement, they act as subtly different things. A Memorandum of Understanding documents the very first steps between the parties and serves as a common action objective. A member of the agreement is used when negotiations progress a little and acts as a provisional agreement to a treaty that outlines more specific conditions that can ultimately constitute a formal agreement. .