Internship Agreement
An Internship Agreement is used when hiring an unpaid intern for your business.
4.7 (96 reviews)
Last updated February 25, 2025
Under 5 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
An Internship Agreement is essential in setting out the terms of the internship relationship. It states the role of the intern, along with his/her responsibilities, duties and obligations. Further, having an Internship Agreement is important to protect your interests. It ensures that all sensitive information is kept confidential, and that the internship relationship is steered clear from being an employment relationship.
What’s the difference between an intern and an employee?
An internship is a temporary position with an emphasis on training and work experience and can be either paid or unpaid. An employee works for the business on either a full-time, part-time, casual or contract basis and is paid for their work.
The general rule to consider is who is getting the most benefit out of the working arrangement. Interns are generally do more activities as part of learning experience and skill development. If the organisation is receiving the greater benefit then the worker is more likely to be considered an employee rather than an intern.
How long is an Internship Agreement effective for?
The Internship Agreement is effective for the duration of the internship. However, if it contains a confidentiality clause, the intern may need to comply with the agreement until the information is no longer confidential.
The Legal Risk Score of a Internship Agreement Template
Our legal team have marked this document as medium risk considering:
- The internship is unpaid and does not guarantee any future employment, which could limit the intern's financial benefits and career progression opportunities.
- All intellectual property developed during the internship automatically belongs to the company, potentially restricting the intern's rights to their own creative outputs.
- The employer should ensure that the internship complies with Fair Work legislation and guidance so as to not be considered an employee.
Internship Agreement Checklist
Complete your free Internship Agreement with our checklist
Maintain Records
Keep a copy of the signed agreement for both the intern and the company's records to refer back to if needed.
Review Intern Duties
Ensure that the duties of the intern follow what is laid out in this agreement so that this is a productive educational experience for the intern.
Use this Internship Agreement if:
- You are hiring an unpaid intern/unpaid internship for your business.
What does the Internship Agreement cover?
- Nature of the internship;
- Term of the internship;
- Title of role and responsibilities;
- Facilities and equipment usage;
- Confidentiality;
- Intellectual property;
- Termination of internship; and
- Indemnity.
Other names for Internship Agreement include:
- Internship Contract.
How do I make my Internship Agreement legally binding?
An Internship Agreement acts likes a contract between the business and unpaid intern. The intern would sign the agreement, making it a legally binding document.
Does an Internship Agreement cover confidentiality and intellectual property?
Yes. The agreement would cover any intellectual property or confidential materials the business wishes to protect.
Do interns require insurance?
Workers compensation does not cover internships as interns are not employees. Often the business would have insurance which covers both employees and interns in cases of workplace injuries. However, it is recommended that interns get their own insurance if they wish to do so.
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