Unpaid Internship Deed
Parties
Monash University of Wellington Road, Clayton in the State of Victoria
("Monash University")
INSERT NAME of INSERT ADDRESS in the State of Victoria
("the Intern")
Background
1.
For the purpose of assisting the Intern to obtain work experience, Monash University has
agreed to offer the Intern an unpaid internship ("the Internship") with Monash University's
INSERT NAME OF UNIT/DEPARTMENT.
2.
The Intern has accepted Monash University's offer on the terms set out in this Deed.
THIS DEED WITNESSES that in consideration of, among other things, the mutual promises contained
in this Deed, the parties agree:
1.
Interpretation
In this Deed:
"Confidential Information" means the following, whether oral, written, electronic or in other
form:
(a)
the terms of this Internship Deed and its subject matter;
(b)
all information, intellectual property rights, know-how, technology, trade secrets,
proprietary information, proposals, tenders, contracts, plans, goals, objectives,
personal information, specifications, drawings, data, software, manuals, diagrams,
graphs, charts, projections, specifications, formulae, estimates, concepts,
documents, accounts, plans, designs, techniques, processes, client lists,
correspondence, letters and papers of every description (and copies and extracts
made of or from such information) relating to:
(i)
Monash University or any of its Related Body Corporates, suppliers,
business associates, customers or potential customers;
(ii)
the operations, dealings, organisation, business, processes, dealings,
finance, strategies, policies, transactions, prospects, markets, customers,
know-how of Monash University;
and including without limitation that which is not specifically marked or identified as such
would reasonably be regarded as secret commercial information of the owners, but
excluding any such information which:
(i)
was lawfully known to or in the Intern's possession or control without
restriction prior to the Intern performing the Internship; or
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(ii)
is in the public domain or subsequently enters the public domain other
than as a result of a breach of this Internship Deed.
"Intellectual Property Rights" means all intellectual and industrial property rights, including
without limitation copyright, trademarks or trade names, patents, designs (whether registered
or pending registration), goodwill, trade secrets, secret processes, moral rights, the right to
have confidential information kept confidential and other like rights whether arising by
common law or by statute;
"Monash University's Intellectual Property" means all intellectual and industrial property
rights owned or licensed to Monash University at the time of entering this Internship Deed or
subsequently acquired or developed (directly or indirectly) by or for Monash University or
licensed to Monash University during the term of the Internship Deed;
"Works" means all Intellectual Property Rights and any Documents created by the Intern
during the course of the Intern's employment with Monash University;
and unless the context herein indicates a contrary intention:
2.
(c)
"person" includes an individual, the estate of an individual, a corporation, an
authority, an association or a joint venture (whether incorporated or
unincorporated), a partnership and a trust;
(d)
a reference to a party includes that party's executors, administrators, successors and
permitted assigns, including persons taking by way of novation;
(e)
a reference to a document (including this Deed) is to that document as varied,
novated, ratified or replaced from time to time;
(f)
a reference to a statute includes its delegated legislation and a reference to a statute
or delegated legislation or a provision of either includes consolidations,
amendments, re-enactments and replacements;
(g)
a word importing the singular includes the plural (and vice versa), and a word
indicating a gender includes every other gender;
(h)
a reference to a party, clause, schedule, exhibit, attachment or annexure is a
reference to a party, clause, schedule, exhibit, attachment or annexure to or of this
Deed, and a reference to this Deed includes all schedules, exhibits, attachments and
annexures to it;
(i)
if a word or phrase is given a defined meaning, any other part of speech or
grammatical form of that word or phrase has a corresponding meaning; and
(j)
"includes" in any form is not a word of limitation.
Nature of the Internship
Monash University and the Intern agree that the Internship is a work experience one only.
The Intern will receive no payment for performing any work during the Internship and will not
for any purpose become an employee of Monash University as a result of performing the
Internship.
3.
Term of the Internship
(a)
The Internship will commence on INSERT DATE ("Commencement Date") and
(subject to clause 5) end on INSERT DATE ("Cessation Date").
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4.
(b)
The Internship may not be extended beyond the Cessation Date except by further
Deed in writing executed by the Parties.
(c)
The Internship may be terminated prior to the Cessation Date in accordance with
clause 5 of this Internship Deed.
Intern's Obligations and Acknowledgements
(a)
(d)
While performing the Internship, the Intern agrees and acknowledges the Intern's
obligation to:
(i)
perform all work allocated to the Intern to the best of the Intern's ability;
(ii)
exercise all due care and skill;
(iii)
comply with all lawful and reasonable directions and instructions given
to the Intern by officers or employees of Monash University during the
course of the Internship;
(iv)
comply with any and all Monash University policies and procedures that
apply, or may apply, to the Intern during the course of the Internship;
(v)
at all times comply with any and all legislation, codes or guidelines, in
whatever form, that are applicable to the Intern; and
(vi)
undergo any and all training that Monash University deems necessary to
enable the Intern to safely and efficiently perform the Intern's duties
during the Internship.
At all times, including after the Internship, the Intern agrees and acknowledges that:
(i)
the Intern will keep confidential any and all Confidential Information of
Monash University that comes into the Intern's possession;
(ii)
all Intellectual Property Rights developed by the Intern while the Intern
is performing the Internship under the Internship Deed are hereby
assigned to and vest in Monash University immediately as created;
(iii)
Monash University owns and retains all rights at all times to Monash
University's Intellectual Property;
(iv)
that nothing in this Internship Deed, nor the performance of the Intern's
obligations under this Internship Deed, will be construed as granting, or
giving rise to, any proprietary right or interest in favour of the Intern in
any Works or Monash University's Intellectual Property;
(v)
the Intern must not, otherwise than at the written direction of Monash
University, apply for registration of, nor in any way do anything to
infringe on, harm or contest the right of Monash University, or any
person approved in writing by Monash University, in or to any Works or
Monash University's Intellectual Property;
(vi)
the Intern will execute all documents and do all things that are necessary
or desirable to give effect to this clause; and
(vii)
The Intern consents to Monash University using the Works without
reference to the Intern and without regard for the Intern's moral rights
and the Intern releases Monash University from any liability, which may
arise, in relation to the Intern's moral rights in the Works.
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5.
Termination of Internship
The Intern accepts that the internship may be terminated prior to the Cessation Date, at
Monash University's sole discretion.
6.
Insurance
The Intern acknowledges that, for the duration of the Internship, the Intern is not a "worker"
within the meaning of the Accident Compensation Act 1985 (Vic) and is not entitled to claim
under Monash University's workers' compensation insurance.
However, should the Intern suffer an injury during the course of the Internship, Monash
University may, at its sole discretion, make a claim under its insurance policies in existence
from time to time.
7.
Indemnity
Subject to clause 5 of this Internship Deed, the Intern hereby indemnifies and unconditionally
releases Monash University and its officers, employees and agents from any Claims against
Monash University and its officers, employees and agents that may be made by:
8.
9.
(a)
the Intern, in relation to the Intern's performance of the Internship; or
(b)
any other person who makes any Claim that relates to the Intern's conduct in the
course of the Internship.
General
(a)
This Deed is governed by the laws of Victoria and the parties submit to the
exclusive jurisdiction of the courts of Victoria.
(b)
This Deed constitutes the entire Deed between the parties as to its subject matter to
the exclusion of any prior Deed whether written or oral, express or in any way
implied.
(c)
This Deed may only be varied by amendment in writing and executed by both
parties.
(d)
In this Deed a reference to Monash University shall be read as a reference to and
including as appropriate, Monash University's successor, transferee and assignees.
Counterparts
This Deed may be executed in any number of counterparts and by the parties on separate
counterparts. Each counterpart constitutes the deed of each party who has executed and
delivered that counterpart.
Executed as a deed.
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Executed by MONASH UNIVERSITY by or in
the presence of:
Signature
Signature of Witness
Name of Witness in full
Executed by INSERT NAME by or in the
presence of:
Signature
Signature of Witness
Name of Witness in full
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