VISITING STUDENT DEED
THIS DEED IS DATED THE____ DAY OF _________________ 20__
BETWEEN
UNIVERSITY OF TASMANIA ABN 30 764 374 782 of Churchill Avenue, Sandy Bay Hobart Tasmania
(UTas); and
_________________________ (Name) of_______________________________________(Residential
Address) (Student Visitor).
RECITALS
A. The Student Visitor seeks access certain premises and facilities belonging to UTas for the
purpose of conducting research.
B. UTas has agreed to allow the Student Visitor to access to its premises and facilities on the
terms of this Deed.
IT IS THEREFORE AGREED:
1. Definitions
1.1 In this Deed, capitalised words and phrases shall have the following meaning:
“Deed” means this deed and its schedules;
“Background IP” means Intellectual Property created prior to the commencement of this
Deed;
“Confidential Information” means any information which a party claims is confidential to
itself, including without limitation information regarding Intellectual Property, financial or
other commercially valuable information that is owned or controlled by party; but does not
include information that is already in the public domain (other than by the unauthorised
disclosure of a party to this Deed) or is lawfully in the possession of the recipient of such
information at the date of the Deed;
“Intellectual Property” means includes any existing or future rights in relation to(a)
copyright;
(b)
patents or patentable inventions;
(c)
designs;
(d)
trademarks;
(e)
new plant varieties; and
(f)
circuit layouts;
and without limitation to the foregoing, includes any UTas intellectual property
specified in Item x f the Schedule;
“Premises” means the UTas premises and/or facilities set out in Item 1 of the Schedule;
“Term” means the period of time set out in Item 3 of the Schedule;
“Thesis” means a dissertation on a particular subject prepared by the Visiting Student for
submission as part of a course of university study;
“UTas Project” means the project or projects identified in Item 2 of the Schedule; and
“UTas Representative” means the UTas employee or employees identified in Item 4 of the
Schedule.
2. Access to Premises
2.1 Subject to the terms of this Deed, the Visiting Student will be allowed to access the Premises
in order to participate in the UTas Project and other research related to the UTas Project
during the Term.
2.2 The Visiting Student will comply with UTas’ policies and procedures, including those relating
to occupational health and safety.
2.3 The Visiting Student will comply with any reasonable direction of the UTas Representative in
relation to the Visiting Student’s use of the Premises and participation in the UTas Project.
2.4 Where requested, the Visiting Student will provide regular reports to the UTas
Representative at the times set out in Item 5 of the Schedule and in a form and level of
detail reasonably satisfactory to UTas (as advised by the UTas Representative).
3. Intellectual Property
3.1 The Visiting Student hereby assigns to UTas all Intellectual Property they create in the course
of the UTas Research Project, or using UTas Background IP, except copyright in a Thesis.
3.2 Each party retains ownership of its Background IP.
4. Confidentiality
4.1 The Visiting Student will keep the Confidential Information of UTas confidential, including
such Confidential Information that the Visiting Student becomes aware of while attending
the Premises.
4.2 The Visiting Student acknowledges that the disclosure of Confidential Information relating to
UTas Intellectual Property could prejudice the protection of such Intellectual Property and
could result in a financial loss to UTas and other damages.
4.3 The Visiting Student will notify UTas in writing where they propose to disclose any
Confidential Information to UTas and where UTas is so notified, it will keep such Confidential
Information confidential.
5. Publication
5.1 The Visiting Student will not publish any Confidential Information, results of the UTas
Research Project or other material created in the course of the UTas Research Project other
than in accordance with this clause 5.
5.2 Where a Thesis prepared by the Visiting Student contains or may contain Confidential
Information, results of the UTas Research Project or other material created in the course of
the UTas Research Project, then prior to any disclosure or other publication of the Thesis,
the Visiting Student will submit the Thesis to the UTas Representative who will notify the
student that UTas either:
5.2.1 will allow the publication of the Thesis; or
5.2.2 will allow the publication of the Thesis subject to certain amendments in
order to protect Confidential Information (including information relating to
Intellectual Property); or
5.2.3 will allow the publication of the Thesis at the expiration of a certain period
which will not exceed 18 calendar months from the date of submission to
the UTas Representative.
6. Indemnity
6.1 The Visiting Student agrees to indemnify and holds UTas harmless from any loss, damage or
expense it incurs as a result of the Visiting Student’s negligent act or omission, wilful damage,
failure to comply with UTas policy and procedure or other breach of this Deed.
7. Termination
7.1 This Deed may be terminated by UTas without cause following 3 weeks notice in writing to
the Visiting Student.
7.2 This Deed may be terminated immediately if the UTas Representative, acting reasonably,
determines that the Visiting Student has breached UTas policy or procedure or has
otherwise acted inappropriately while on UTas Premises.
7.3 Clauses 3, 4, 5,and 6 will survive termination or expiration of the Term of this Deed.
8. Other
8.1 The Visiting Student will not receive financial remuneration from UTas for the Visiting
Student’s participation in the UTas Research Project and this Deed is not intended to create
an employment, partnership or agency relationship.
8.2 This Deed may be varied by a further written agreement signed by the parties.
8.3 This Deed will be governed by the laws of the State of Tasmania, Australia.
8.4 If any provision of this Deed is found to be invalid and unenforceable such provision shall be
struck out but the remaining provisions of the Deed shall continue in full force and effect.
EXECUTED AS A DEED
SIGNED, SEALED AND DELIVERED by the
Visiting Student in the presence of:
________________________________
Signature of Witness
________________________________
Name of Witness
_________________________________
Signature of Visiting Student
_________________________________
Name of Visiting Student
SIGNED, SEALED AND DELIVERED for and on
behalf the University of Tasmania by its
authorised delegate the presence of:
________________________________
Signature of Witness
________________________________
Name of Witness
_________________________________
Professor Allan Canty
Acting Pro Vice Chancellor (Research)
SCHEDULE
Item 1: Premises
(insert details of UTas premises and facilities where research
will be conducted)
Item 2: UTas Research Project
(if applicable)
(identify any projects the Visiting Student will be involved in)
Item 3: Term
(insert start and end dates of the visit)
Item 4: UTas Representative
(name of the UTas person to whom the Visiting Student will
report)
Item 5: Reporting
Requirements
(insert details of any reports the Visiting Student is required to
provide to UTas)