If you’re going to use an MOU (Memorandum of Understanding), who should draft it? Does the company who wants to hire you write it or should you? Tisha walks you through it in this Two Minute Tip.
QUESTION: “For the MOU, does the company that wants you to consult or work with them write it, or do you write it?”
The answer: It depends.
If you’re working with a larger company, they often have a standard MOU (Memorandum of Understanding) they want you to sign. However, if neither party has a draft, it becomes a strategic decision: do you want to be the one to write it first?
There’s a subtle advantage to drafting the MOU yourself. Why? Because the first draft sets the tone. The language you use can frame the terms in a way that’s more favorable to your position. While it’s always subject to negotiation, starting the conversation puts you one step ahead.
If you found this answer helpful and have your own questions, consider joining us at our next free Q&A session, Dish with Tish (4th Thursday of each month, 1:00 pm) https://startupgreatergood.org/dishwithtish/
Originally recorded March 2022
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Important Notice: Every legal matter is unique. The content of this blog is intended to provide general information and should not be relied upon as legal advice. Because laws change and vary by jurisdiction, readers should consult an attorney regarding their particular circumstances before making any legal decisions. Viewing this blog does not create an attorney-client relationship with our firm.
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