Internship Agreement Template, Free Download 2026

By Jessica Henwick, Editor-in-ChiefLegally reviewed by David Chen, Esq.
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When Do You Need a Internship Agreement?

Your company is hiring an intern and needs to document the internship terms, learning objectives, and whether the position is paid or unpaid.

You need to ensure your unpaid internship complies with the DOL primary beneficiary test to avoid wage and hour violations.

An academic institution requires a written internship agreement for students receiving course credit.

⚠ Warning: Unpaid internships at for-profit companies must satisfy the DOL's seven-factor "primary beneficiary test." If the employer is the primary beneficiary, the intern must be paid minimum wage and overtime under the FLSA. Mislabeling employees as unpaid interns can result in back wages, penalties, and litigation.

What Should a Internship Agreement Include?

Internship Details

Start and end dates, work schedule, department, supervisor, and whether the internship is paid or for academic credit.

Learning Objectives

Specific skills, knowledge, and experience the intern will gain. This is critical for unpaid internships to satisfy the primary beneficiary test.

Compensation

Hourly rate or stipend (for paid internships), or a statement that the internship is unpaid for academic credit (with university approval documentation).

Intellectual Property

Ownership of work product created during the internship and any confidentiality obligations.

Legal Details: Key Clauses in a Internship Agreement

Parties
1.1

This Internship Agreement ("Agreement") is entered into as of the Effective Date set forth above between [Organization Name], a [State] [entity type] ("Organization"), and [Intern Name] ("Intern"). If Intern is under the age of eighteen (18), this Agreement must be co-signed by Intern's parent or legal guardian, who shall be bound by the terms hereof to the extent permitted by applicable law.

1.2

This Agreement sets forth the terms and conditions governing Intern's participation in Organization's internship program and shall be construed in accordance with applicable federal and state employment laws, including the Fair Labor Standards Act and the U.S. Department of Labor's "primary beneficiary" test for determining unpaid internship eligibility under 29 C.F.R. Part 570.

Internship Description
2.1

Intern shall participate in Organization's [Program Name] internship program within the [Department] department. Intern's duties and learning objectives are set forth in the attached Internship Plan (Exhibit A), which is designed to provide Intern with educational training and practical experience comparable to that provided in an educational environment. Organization shall assign a qualified supervisor to oversee Intern's activities and provide mentorship throughout the internship term.

2.2

The Parties acknowledge that the internship is structured primarily for the benefit of Intern's educational development. Intern's activities shall be closely supervised and shall not displace regular employees or perform work that would otherwise be performed by paid staff. Organization shall provide training and instruction that furthers Intern's academic and professional development goals.

Term
3.1

The internship shall commence on [Start Date] and shall terminate on [End Date] (the "Term"), unless earlier terminated in accordance with the provisions of this Agreement. Intern shall work approximately [Number] hours per week during the Term. Any extension of the Term shall require a written amendment signed by both parties.

3.2

Either party may terminate this Agreement at any time upon written notice to the other party. Upon termination, Intern shall return all Organization property, materials, and documents within three (3) business days. Intern's obligations regarding confidentiality and intellectual property shall survive termination of this Agreement.

Compensation
4.1

[FOR PAID INTERNSHIPS:] Intern shall receive compensation at the rate of $[Amount] per [hour/week/month], payable in accordance with Organization's standard payroll schedule, less all applicable withholdings and deductions required by the Internal Revenue Code and applicable state tax statutes. Organization shall classify Intern as a [non-exempt/exempt] employee for purposes of the FLSA and shall comply with all applicable minimum wage and overtime requirements under 29 U.S.C. § 206 and corresponding state wage-and-hour statutes.

4.2

[FOR UNPAID INTERNSHIPS:] The Parties acknowledge and agree that this internship is unpaid and that Intern is not an employee of Organization for purposes of the FLSA or applicable state wage-and-hour laws. Organization has determined, based on the totality of the circumstances and the U.S. Department of Labor's seven-factor "primary beneficiary" test (Fact Sheet #71), that Intern is the primary beneficiary of the internship relationship. Intern acknowledges that no compensation, wages, or benefits are owed in connection with the internship.

4.3

Organization may, at its sole discretion, provide Intern with a stipend, housing allowance, academic credit facilitation, or other non-wage benefits as described in Exhibit A. Any such benefits shall not be construed as wages or compensation creating an employment relationship and shall not give rise to any expectation of continued benefits or future employment.

Supervision
5.1

Organization shall designate [Supervisor Name/Title] as Intern's direct supervisor, who shall be responsible for assigning tasks, providing performance feedback, and ensuring that Intern's activities align with the educational objectives set forth in the Internship Plan. Supervisor shall conduct periodic evaluations of Intern's progress and shall be available for regular mentoring sessions during the Term.

5.2

Intern shall report to the designated supervisor and shall comply with all reasonable instructions, Organization policies, and workplace rules. Intern shall immediately report to the supervisor any concerns regarding safety, harassment, discrimination, or other workplace issues. Intern acknowledges that Organization's anti-harassment and equal employment opportunity policies apply to Intern's participation in the internship program.

Confidentiality
6.1

During the Term and at all times thereafter, Intern shall hold in strict confidence and not disclose, publish, or otherwise disseminate to any third party any Confidential Information of Organization. "Confidential Information" means all non-public information, whether oral, written, or electronic, relating to Organization's business operations, clients, customers, financial data, trade secrets, proprietary processes, pending projects, and strategic plans that Intern learns or accesses during the internship.

6.2

Intern shall not use any Confidential Information for personal benefit or for the benefit of any third party. Upon termination of this Agreement, Intern shall return or destroy all documents, files, and materials containing Confidential Information. Nothing herein shall prevent Intern from disclosing information required by law, regulation, or legal process, provided Intern gives Organization prompt written notice to the extent legally permissible.

Intellectual Property
7.1

All work product, inventions, discoveries, creative works, designs, software code, reports, and materials developed, conceived, or reduced to practice by Intern during the Term and within the scope of the internship, whether individually or jointly with others (collectively, "Work Product"), shall be the sole and exclusive property of Organization. Intern hereby irrevocably assigns to Organization all right, title, and interest in and to the Work Product, including all intellectual property rights therein.

7.2

Intern agrees to execute any documents and take any actions reasonably requested by Organization to perfect, register, or enforce Organization's ownership rights in the Work Product, including patent applications, copyright registrations, and assignments. Intern waives all moral rights in the Work Product to the fullest extent permitted by applicable law. This assignment does not apply to inventions developed entirely on Intern's own time without the use of Organization's resources, unless such inventions relate directly to Organization's business or result from Intern's work for Organization.

At-Will Relationship
8.1

To the extent Intern is classified as a paid employee, the employment relationship is at-will and may be terminated by either party at any time, with or without cause or prior notice, to the extent permitted by applicable law. Nothing in this Agreement shall be construed to create a guarantee of employment, a contract of employment for a definite term, or an obligation to offer Intern a position upon completion of the internship.

8.2

Completion of the internship does not entitle Intern to a job offer, recommendation, or preferential consideration for future positions with Organization. Any offer of employment following the internship shall be at Organization's sole discretion and shall require a separate written employment agreement.

Workers' Compensation and Liability
9.1

If Intern is classified as a paid employee, Intern shall be covered under Organization's workers' compensation insurance in accordance with applicable state law. If Intern is classified as an unpaid intern, workers' compensation coverage may not be available, and Intern is encouraged to maintain personal health and accident insurance for the duration of the internship.

9.2

Intern shall comply with all applicable safety rules, regulations, and policies of Organization. Intern shall immediately report any injury, accident, or unsafe condition occurring during the internship to the designated supervisor. Organization shall not be liable for injuries arising from Intern's negligence, violation of safety policies, or activities outside the scope of the internship.

Signature Requirements

E-Signature Valid

Internship agreements are valid with electronic signatures under ESIGN/UETA.

How to Fill Out a Internship Agreement

1

Define the Position

Enter the internship dates, schedule, department, and supervisor.

2

Set Learning Goals

Document specific learning objectives aligned with the intern's academic program.

3

Address Compensation and IP

Specify whether the position is paid or unpaid and address IP ownership.

4

Execute

The intern, employer, and academic institution (if for credit) should all sign.

Free Template vs Custom Internship Agreement

FeatureFree TemplateCustom (AI or Attorney)
Basic internship agreement
DOL compliance provisions-
Academic credit coordination-
Attorney review of FLSA compliance-

Key Facts About Internship Agreement Documents

Internship agreement defines the scope duration and terms of an internship.

DOL primary beneficiary test determines whether unpaid internship is lawful under FLSA.

For-profit companies must pay interns unless internship passes the seven-factor test.

Academic credit does not automatically exempt an internship from minimum wage requirements.

State laws in California and New York impose stricter unpaid internship requirements than federal law.

Key Legal Terms in a Internship Agreement

internship agreementunpaid internshipprimary beneficiary testDepartment of LaborFLSAFair Labor Standards Actacademic creditworker classificationeducational benefitat-will

When a Free Template Is Not Enough

Free templates cover standard situations, but a professionally drafted internship agreement accounts for state-specific requirements, unusual circumstances, and enforceability considerations that generic forms miss. If your situation involves significant assets, complex terms, or potential disputes, request an attorney-drafted internship agreement with a custom quote based on your situation.

Internship Agreement Template FAQ

What is the DOL primary <strong>beneficiary</strong> test?
The DOL's primary beneficiary test is a seven-factor analysis used to determine whether an unpaid intern at a for-profit company is actually an employee entitled to wages under the FLSA. The factors include: (1) expectation of compensation, (2) training similar to an educational environment, (3) tied to formal education, (4) accommodates academic calendar, (5) limited duration, (6) complements rather than displaces paid employees, and (7) no promise of future employment. If the employer is the primary beneficiary, the intern must be paid.
What is an internship agreement?
An internship agreement is a written contract between a company and an intern that documents internship dates, schedule, supervisor, learning objectives, compensation status (paid or unpaid for academic credit), confidentiality obligations, and intellectual property ownership over any work product created during the internship.
What should an internship contract include?
A complete internship contract should include the start and end dates, work schedule, supervising manager, defined learning objectives, compensation (hourly rate, stipend, or unpaid academic credit), intellectual property assignment, confidentiality clauses, and a clear statement of whether the internship satisfies the Department of Labor primary beneficiary test for unpaid roles at for-profit employers.
Is an internship offer legally binding?
A signed internship agreement is legally binding once both parties execute it. The employer commits to the schedule, learning objectives, and compensation listed; the intern commits to performance, confidentiality, and intellectual property assignment. Either party can typically end the internship early under at-will provisions, but the written terms control any disputes.
Can an unpaid internship be illegal?
Yes. Under the Fair Labor Standards Act, an unpaid internship at a for-profit company is only legal if the intern (not the employer) is the primary beneficiary under the seven-factor test. If the employer is the primary beneficiary, the intern is treated as an employee and must receive at least minimum wage and overtime, with back pay liability if violated.

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