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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.

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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

  1. 01Purpose and Legal Status of Preliminary Agreements
  2. 02Binding Versus Non Binding Language
  3. 03Anatomy of a Memorandum of Understanding
  4. 04Exclusivity, Confidentiality and Cost Sharing Clauses
  5. 05Heads of Agreement for Complex Transactions
  6. 06Managing Conditions Precedent and Deal Milestones
  7. 07Transitioning to the Definitive Contract
  8. 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

DatesVenueDaysFeeCalendarRegister
7 to 8 Oct 2026Johannesburg2R10,000Register
8 to 9 Oct 2026Cape Town2R10,000Register
12 to 13 Oct 2026Durban2R10,000Register
13 to 14 Oct 2026Pretoria2R10,000Register
14 to 15 Oct 2026Windhoek2US$1,100Register
15 to 16 Oct 2026Gaborone2US$1,100Register
19 to 20 Oct 2026Maseru2US$1,100Register
20 to 21 Oct 2026Mbabane2US$1,100Register
21 to 22 Oct 2026Lusaka2US$1,100Register
22 to 23 Oct 2026Harare2US$1,100Register
26 to 27 Oct 2026Lilongwe2US$1,100Register
27 to 28 Oct 2026Blantyre2US$1,100Register
28 to 29 Oct 2026Mozambique2US$1,100Register
29 to 30 Oct 2026Nairobi2US$1,100Register
2 to 3 Nov 2026Dar es Salaam2US$1,100Register
3 to 4 Nov 2026Kigali2US$1,100Register
4 to 5 Nov 2026Kampala2US$1,100Register
5 to 6 Nov 2026Accra2US$1,100Register
9 to 10 Nov 2026Lagos2US$1,100Register
10 to 11 Nov 2026Cairo2US$1,100Register
11 to 12 Nov 2026Mauritius2US$1,100Register
12 to 13 Nov 2026Dubai2US$1,100Register
16 to 17 Nov 2026Online2US$900Register

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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