Internship Agreement - Template, Sample Form Pro · NG-law

INTERNSHIP AGREEMENT

THIS INTERNSHIP AGREEMENT (this "Agreement") is made this ________ day of ________

BETWEEN

________, a ________ with registration number ________, of the following address:

________

(hereinafter referred to as the "Employer", which expression shall where the context so admits include its successors-in-title and assigns) of the one part;

AND

________, an individual holding means of identification number ________, of the following address:

________

(hereinafter referred to as the "Intern", which expression shall where the context so admits include his/her heirs, personal representatives and permitted assigns) of the other part.

The Employer and the Intern shall individually be referred to as a "Party" and collectively as the "Parties".

WHEREAS:

(A) The Employer is desirous of engaging the Intern for the purposes of providing the Intern with practical work experience and training in the Employer's field of operation.

(B) The Intern is desirous of undertaking such internship and rendering the services described herein, subject to the terms and conditions set out in this Agreement.

(C) The Parties acknowledge that this Agreement constitutes a fixed-term arrangement for training and work experience and does not, save as expressly stated herein, create a contract of permanent employment.

NOW THEREFORE, in consideration of the mutual covenants and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. POSITION AND DUTIES

(1.1) The Intern shall be engaged in the position of ________ and assigned to work in the ________ department.

(1.2) The Intern shall report to the following person: ________, and shall faithfully perform the following duties and responsibilities:

________

(1.3) The Intern agrees to perform all the duties and responsibilities required of the Intern's position faithfully, diligently and honestly at all times, and to comply with all lawful policies, procedures, rules and regulations of the Employer as may be in force from time to time.

2. DURATION

(2.1) This internship shall be for a fixed period of ________ commencing on ________ and, unless sooner terminated in accordance with the provisions of this Agreement, expiring on ________ (the "Expiration Date").

(2.2) The internship may be renewed or extended only by the mutual written agreement of the Parties.

3. STIPEND AND BENEFITS

(3.1) In consideration of the services rendered by the Intern under this Agreement, the Employer shall pay the Intern a stipend in the sum of \u20a6________ (________) for the entire duration of the internship (the "Stipend").

(3.2) The Stipend shall be subject to all applicable statutory deductions and taxes (including, where applicable, deductions under the Personal Income Tax Act, Cap P8, Laws of the Federation of Nigeria 2004 (as amended)) and shall be paid in the following manner:

________

(3.3) The Intern shall be entitled to be reimbursed all reasonable, incidental and out-of-pocket expenses properly incurred on behalf of the Employer, provided that such expenses were authorised by the Employer prior to being incurred and are supported by appropriate receipts.

4. WORK SCHEDULE AND LOCATION

(4.1) The Intern shall observe the following work schedule: ________.

(4.2) The Intern shall ordinarily render services from the following location:

________

5. PERFORMANCE APPRAISAL

The Intern's performance shall be reviewed at the end of the internship. Following the appraisal, the Employer shall, where appropriate, provide the Intern with a report or reference letter detailing the Intern's performance during the internship.

6. MEDICAL AND COMPASSIONATE LEAVE

The Intern shall be entitled to medical or compassionate leave which may be taken to deal with personal circumstances. Such personal circumstances may include:

(6.1) the care of the Intern's spouse, child or partner suffering from a severe illness;

(6.2) the care of the Intern's spouse, partner or child who has been severely injured;

(6.3) attending to family emergencies, including matters relating to a child's welfare or the death of a close family member.

Where leave is requested to care for a family member who is sick or injured, the Intern shall present a medical certificate signed by the relative's medical practitioner stating:

(6.4) the nature of the condition and the date the condition commenced;

(6.5) the estimated duration or period of the condition;

(6.6) the estimated period during which the Intern will be required to provide care and support to the family member; and

(6.7) a statement confirming that the care and support of the Intern is required.

Compassionate leave may be extended upon the prior written approval of the Employer. Nothing in this clause shall derogate from any minimum entitlements conferred on the Intern by the Labour Act, Cap L1, Laws of the Federation of Nigeria 2004.

7. DATA PROTECTION

(7.1) Each Party shall comply with the Nigeria Data Protection Act 2023 and all subsidiary regulations made thereunder in respect of any personal data processed in connection with this Agreement.

(7.2) The Intern consents to the collection, processing and storage by the Employer of the Intern's personal data for the lawful purposes of administering this internship, and the Employer shall apply appropriate technical and organisational measures to safeguard such data.

(7.3) The Intern shall process any personal data to which the Intern has access in the course of the internship strictly in accordance with the Employer's instructions and applicable law.

8. TERMINATION

(8.1) Either Party may terminate this Agreement by giving the other Party not less than ________ prior written notice, or payment in lieu of such notice.

(8.2) The Employer may terminate this Agreement summarily and without notice in the event of gross misconduct, dishonesty or material breach of this Agreement by the Intern.

(8.3) Upon termination or expiration of this Agreement, the Intern shall:

(8.3.1) immediately deliver to the Employer all monies, documents, books, materials and any other property belonging or relating to the Employer which is in the possession or control of the Intern;

(8.3.2) delete any information relating to the business of the Employer stored on any electronic device, hard disk or storage medium in the possession or control of the Intern; and

(8.3.3) not disclose or use any of the Employer's trade secrets or confidential information, and the Employer shall be entitled to seek an injunction or any other legal remedy to prevent such disclosure or use.

9. INTELLECTUAL PROPERTY

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10. FORCE MAJEURE

Neither Party shall, before the Expiration or termination of this Agreement, be liable for any failure to fulfil any term of this Agreement where such fulfilment has been delayed, hindered, interfered with or prevented by force majeure, which shall mean any circumstance:

(10.1) which is beyond a Party's reasonable control;

(10.2) which such Party could not reasonably have avoided or overcome; and

(10.3) which is not attributable to the other Party.

Without prejudice to the generality of the foregoing, force majeure shall include:

(10.4) war, hostilities or invasion;

(10.5) rebellion, terrorism, revolution, insurrection, military or usurped power;

(10.6) riot, civil disorder, epidemic, pandemic, or other acts that may reasonably affect the ability of the Party to fulfil its obligations under this Agreement.

11. INDEMNITY

The Intern agrees to indemnify and hold the Employer and its affiliates harmless against any suit, action, claim, damages, liabilities, expense of any kind whatsoever, loss, judgement or settlement incurred as a result of the Intern's conduct or breach of any term of this Agreement, which may include:

(11.1) the Intern's unauthorised use of the Employer's intellectual property;

(11.2) any violation of any applicable law, rule or regulation committed by the Intern or the Intern's agent;

(11.3) any harm or injury suffered by any third party due to the Intern's default; and

(11.4) any cost incurred by the Employer or its affiliates in enforcing its rights under this Agreement, including reasonable legal fees.

12. NON-SOLICITATION

The Intern agrees that during the term of this Agreement and for a period of ________ after its expiration or termination, the Intern shall not directly or indirectly:

(12.1) induce or attempt to induce any employee, contractor or agent of the Employer to terminate his engagement with the Employer or otherwise disrupt the Employer's relationship with its employees, contractors or agents;

(12.2) discuss or provide information about employment opportunities in any organisation competing with the Employer to the Employer's employees or contractors;

(12.3) solicit or entice away from the Employer any employee, contractor or agent of the Employer; or

(12.4) solicit, attempt to solicit or encourage the solicitation of any customer or client of the Employer.

The Parties agree that the restrictions in this clause are reasonable and necessary for the protection of the legitimate business interests of the Employer.

13. CONFIDENTIALITY OBLIGATIONS

The Intern acknowledges that in connection with this Agreement, the Intern may have access to confidential and trade secret information and materials.

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(13.1) which can be established by written records to be already known to the Intern or to the public at the time of disclosure;

(13.2) which enters the public domain through no fault of the Intern;

(13.3) which is given by the Employer to third parties without any restrictions;

(13.4) which is given to the Intern by a third party lawfully in possession of such information and having the legal right to disclose it; or

(13.5) which is required by law or by an order of a court of competent jurisdiction to be disclosed.

Consequently, the Intern undertakes:

(13.6) to keep the confidential information and trade secret information confidential at all times;

(13.7) not to disclose or permit the disclosure of the confidential information or trade secret information in whole or in part to any third party without the prior written consent of the Employer (save in the proper course of the internship);

(13.8) not to use the confidential information or trade secret information in whole or in part for any purpose other than the performance of the duties under this Agreement;

(13.9) not to transfer or part with possession of the whole or any part of the confidential information;

(13.10) not to use or disclose, or permit the disclosure by any person of, the confidential information for the benefit of any third party; and

(13.11) to take all proper and reasonable measures to ensure the confidentiality of the confidential information and trade secret information.

The obligations in this clause shall survive the termination or expiration of this Agreement for so long as the information remains confidential or a trade secret.

14. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

15. DISPUTE RESOLUTION AND JURISDICTION

(15.1) The Parties shall use their best endeavours to resolve any dispute, controversy or claim arising out of or in connection with this Agreement amicably through good faith negotiation.

(15.2) Where such dispute is not resolved within ________ of the dispute arising, the Parties agree that the National Industrial Court of Nigeria shall have exclusive jurisdiction to determine such dispute.

16. MISCELLANEOUS

(16.1) Variation: This Agreement may only be amended or varied in writing signed by or on behalf of both Parties.

(16.2) Notices: All notices under this Agreement shall be in writing and shall be delivered personally or sent by certified or registered post to the relevant Party's address set out above or such other address as may be notified in writing from time to time.

(16.3) Headings: Headings in this Agreement are for convenience only and shall not affect the construction of its terms.

(16.4) Counterparts: This Agreement may be executed in counterparts, each of which when executed shall constitute one and the same instrument.

(16.5) Entire Agreement: This Agreement, together with any addendum hereto, constitutes the entire agreement between the Parties and supersedes any prior written or oral agreement between them on the subject matter hereof.

(16.6) Assignment: No Party shall assign any of its rights, obligations or duties under this Agreement without the prior written consent of the other Party.

(16.7) Enurement: This Agreement shall enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

(16.8) Cumulative Rights: The rights of the Parties under this Agreement are cumulative and shall not be construed as exclusive except as otherwise provided by law.

(16.9) Waiver: No delay or omission to exercise any right under this Agreement shall be construed as a waiver, and any waiver must be in writing signed by the Party granting it.

(16.10) Severability: If any provision of this Agreement is held to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

(16.11) Further Assurance: The Parties shall execute and deliver all such documents and take all such actions as may be necessary or incidental to give full effect to the provisions of this Agreement.

IN WITNESS WHEREOF the Parties have executed this Agreement the day and year first above written.

SIGNED, SEALED AND DELIVERED by the within-named Employer

____________________________

Signature of Employer

Name: ________

Designation: ________

In the presence of:

Name:..............................................................................................................................

Address:...........................................................................................................................

Occupation:......................................................................................................................

_______________________________
Signature of Witness

SIGNED, SEALED AND DELIVERED by the within-named Intern

_______________________________
Signature of Intern

Name: ________

In the presence of:

Name:.............................................................................................................................

Address:.........................................................................................................................

Occupation:....................................................................................................................

_______________________________
Signature of Witness