Internship Agreement Template

In plain language: Identifies the host organization and the intern by full legal name, states the intern's role or title, and records the official first and last day of the placement.

Common mistake: Using a trade name instead of the registered legal entity name. If the organization's name does not match its corporate registration, enforcing IP assignment or confidentiality clauses against the correct entity becomes legally complicated.

In plain language: Describes the specific tasks the intern will perform and the educational or professional development outcomes the placement is intended to provide — a critical element for defending unpaid arrangements.

Common mistake: Describing duties in terms of business value to the employer rather than learning outcomes. Regulators assessing unpaid status look for evidence that the placement primarily benefits the intern — employer-centric language undermines that defense.

In plain language: States the fixed start and end dates, the expected weekly hours, and the regular schedule — and confirms the placement does not automatically renew.

Common mistake: Allowing the intern to continue working past the stated end date without a written extension. In several jurisdictions, continued work beyond a fixed term triggers implied employment obligations, including statutory notice and severance.

In plain language: States clearly whether the intern is paid (hourly rate, weekly stipend, or other amount) or unpaid, and — for unpaid arrangements — references the applicable legal test and academic credit coordination.

Common mistake: Labeling a role as 'unpaid' without documenting the legal basis. In the US, Canada, the UK, and the EU, organizations that fail the applicable test for unpaid internships owe the intern back wages at minimum wage, plus potential penalties.

In plain language: Assigns to the organization all work product, inventions, code, designs, and other IP created by the intern in connection with the placement — including work done on personal devices or outside regular hours.

Common mistake: No IP assignment clause at all, or one limited to work done on company premises. Interns working remotely or on personal equipment may create IP outside the clause's reach if the assignment language is not drafted broadly.

In plain language: Prohibits the intern from disclosing or misusing the organization's confidential information — including client data, trade secrets, financials, and internal processes — during and after the placement.

Common mistake: Defining confidential information as 'everything the intern sees or hears.' Courts apply a reasonableness standard — an overbroad definition with no carve-outs for publicly available information or the intern's own prior knowledge can render the entire clause unenforceable.

In plain language: Confirms the organization's duty to provide a safe working environment, identifies applicable workplace policies, and sets behavioral expectations for the intern.

Common mistake: Omitting this clause entirely for remote or hybrid interns. Health and safety obligations extend to home workstations in several jurisdictions — failing to document the expectation leaves the organization exposed if an incident occurs.

In plain language: States the notice period required for either party to end the placement early, conditions that allow immediate termination for cause, and what happens to work product and confidential materials upon exit.

Common mistake: No exit procedure for devices and confidential information. Interns who retain access to client data, source code, or proprietary materials after the placement ends create ongoing legal and reputational exposure.

In plain language: Clarifies that the intern is not an employee, is not entitled to employment benefits, and that completing the internship creates no obligation on the company to offer permanent employment.

Common mistake: Omitting this clause and allowing supervisors to make informal promises of hire. Verbal assurances from managers have been used as evidence of implied employment contracts in disputes, even when the written agreement says otherwise.

In plain language: Specifies which jurisdiction's laws govern the agreement and confirms that the written contract supersedes all prior verbal or written understandings about the placement.

Common mistake: Choosing a governing law with no connection to where the intern actually works. Several jurisdictions — including California and Ontario — apply local employment and labor law regardless of what the contract specifies.

An internship agreement is a legally binding document between a host organization and an intern that defines the terms of a temporary work placement — including the intern's role, duration, compensation or unpaid status, confidentiality obligations, IP ownership, and termination conditions. It protects both parties by creating clear, written expectations before the placement begins and reducing the risk of wage, IP, or misclassification disputes after it ends.

No jurisdiction universally mandates a written internship agreement, but several regulatory frameworks — including the US Department of Labor's Primary Beneficiary Test and the UK's National Minimum Wage rules — require organizations to be able to demonstrate that unpaid arrangements meet specific criteria. A written agreement is the primary evidence used in that defense. For paid placements, a written agreement establishes wage, IP, and confidentiality terms that oral arrangements leave dangerously vague.

An unpaid internship is typically tied to academic credit, structured learning outcomes, and a defined placement with a for-profit or nonprofit employer. A volunteer position involves freely giving time to a nonprofit without expectation of compensation or academic credit. For-profit organizations generally cannot legally use volunteer labor — any arrangement where a for-profit organization benefits from unpaid work is evaluated as a potential internship under wage and hour law, not as volunteering.

Yes, in many jurisdictions, but only if the arrangement meets strict criteria. In the US, the DOL's Primary Beneficiary Test weighs seven factors to determine whether the intern — not the employer — gains the primary benefit of the arrangement. In Canada, provincial Employment Standards Acts include narrow exemptions for unpaid internships, typically limited to placements that are part of an approved educational program. In the UK, unpaid interns are entitled to the National Minimum Wage unless their activities constitute genuine volunteering or are part of a student placement. Always consult a labor lawyer before operating an unpaid program.

Not automatically, but the facts of the relationship matter more than what the agreement says. If an intern works set hours, follows employer direction, performs tasks that replace a paid worker, and receives ongoing benefit to the employer, regulators may classify the intern as an employee regardless of the label in the agreement. A well-drafted internship agreement reduces — but does not eliminate — misclassification risk by documenting the educational purpose and limited scope of the placement.

The agreement should include a broad IP assignment transferring ownership of all work product created by the intern in connection with the placement to the organization — covering code, designs, written content, data, and any other output. The clause should explicitly cover work done on personal devices or outside regular hours to protect remote placements. A moral rights waiver (where permitted by law) should also be included for creative or design roles.

Most academic internships run 8–16 weeks, aligned to a semester or summer term. Corporate internship programs commonly run 10–12 weeks. The agreement should state precise start and end dates and confirm that the placement does not renew automatically. If you need to extend the placement, execute a written amendment before the original end date — allowing an intern to continue working past the stated end date without documentation creates implied employment obligations in several jurisdictions.

The agreement should include an exit procedure covering return of equipment, revocation of system access and credentials, deletion of confidential information from personal devices, and delivery of any outstanding work product to the organization. The intern's confidentiality obligations survive termination and should be explicitly stated to continue after the placement ends. Issue a written confirmation of the end date to create a clean record of when the relationship concluded.

For standard academic placements at a single domestic location, a high-quality template reviewed against your jurisdiction's current unpaid-internship rules is typically sufficient. Engage a lawyer when operating an unpaid program without academic credit backing, when the intern works across multiple states or countries, when the role involves sensitive IP or regulated data, or when you are running a large cohort program with material wage-compliance exposure. A one-hour legal review typically costs $200–$400 and is worthwhile for any unpaid arrangement.

The Primary Beneficiary Test is a seven-factor framework published by the US Department of Labor (following the Second Circuit's Glatt v. Fox Searchlight decision) to determine whether an unpaid intern is legally an employee under the Fair Labor Standards Act. The factors include whether the internship provides training similar to an educational environment, whether it is tied to formal education, whether it displaces regular employees, and whether both parties understand the placement is unpaid. No single factor is determinative — courts weigh all seven together. Failing the test means the intern is owed minimum wage and overtime back pay for the entire placement.