Bail Bonds Agreement

BAIL BONDS AGREEMENT

Parties

This Bail Bonds Agreement ("Agreement") is entered into between:

Recitals

WHEREAS, Principal named above has been charged with an offense before the court identified as , docket number ;

WHEREAS, Surety agrees to procure and/or execute a bail bond in the penal sum of $ (the "Bond") conditioned for the appearance of Principal as required by law; and

WHEREAS, Indemnitor agrees to indemnify and hold Surety harmless for all obligations, costs, losses and expenses arising from issuance of the Bond pursuant to the terms below.

Scope of Work

Surety shall: procure and file the Bond; appear in court and at ancillary proceedings where appearance is required by the Bond; and take reasonable actions to enforce any conditions of release. Indemnitor acknowledges that Surety's obligations are limited to those actions necessary to secure Principal's release under the Bond and that Surety may take steps it deems necessary to protect its interests under this Agreement.

Bond Details & Collateral

Penal sum of Bond: $. Bond effective date: .

Payment Terms

Indemnitor shall pay Surety a non-refundable premium in consideration for issuance of the Bond as follows.

Indemnity; Costs; Subrogation

Indemnitor hereby irrevocably indemnifies, defends and holds harmless Surety and its agents, employees and affiliates from and against any and all liabilities, losses, damages, expenses, fines, forfeitures, attorneys' fees and court costs which arise out of or relate to the issuance, enforcement, forfeiture, or defense of the Bond. Indemnitor's obligations include, without limitation, payment of any judgment of forfeiture, court costs, reimbursement of bail paid, and costs of apprehension and surrender of Principal.

Upon payment or performance by Surety of any sums or duties under the Bond, Indemnitor grants Surety all rights of subrogation and assigns to Surety any claims against Principal or third parties to the extent of Surety's payments and expenses.

Surrender, Forfeiture and Remedies

If Principal fails to comply with conditions of release, Indemnitor must immediately locate and surrender Principal to the custody of the court or law enforcement in accordance with the Bond and applicable law. If a forfeiture is declared, Indemnitor shall pay the full amount of the forfeiture or take steps to obtain relief as required by court order. Surety may take any actions it deems necessary, including reimbursement from collateral, to mitigate loss and enforce this Agreement.

Term and Termination

This Agreement commences on and, unless earlier terminated as provided herein, continues until the Bond is fully discharged or the obligations arising from the Bond are finally resolved on .

Either party may terminate this Agreement for material breach by the other upon written notice delivered days in advance; provided, termination will not relieve Indemnitor of liabilities incurred prior to termination or obligations relating to any Bond issued prior to termination.

Confidentiality

Except as required by law, court order, or to enforce rights under this Agreement, the parties shall treat as confidential and shall not disclose to third parties any non-public information provided in connection with the Bond or collateral. Disclosure to legal counsel, insurers, or agents for purposes of performance under this Agreement is permitted.

Governing Law; Venue

This Agreement shall be governed by and construed in accordance with the laws of the state in which the court that required the Bond is located, without regard to conflicts of law principles. Venue for any action arising under this Agreement shall lie exclusively in the courts of that jurisdiction.

Attorneys' Fees; Costs

If Surety initiates any action (including collection) to enforce this Agreement, Indemnitor shall pay Surety's reasonable attorneys' fees, court costs, and other expenses incurred, whether or not suit is filed.

Representation and Warranty

Indemnitor represents and warrants that all information provided to Surety is true, complete and not misleading. Indemnitor affirms it has the authority to pledge collateral described herein and to enter this Agreement.

Entire Agreement; Amendments

This Agreement, together with any schedules, collateral agreements, and the Bond itself, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior oral or written agreements. No amendment shall be effective unless in writing and signed by authorized representatives of both parties.

Severability

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect and the parties shall negotiate in good faith to replace the invalid provision with a valid provision that most closely approximates the parties' intent.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party designates in writing.

Acknowledgement

Indemnitor acknowledges that execution of this Agreement and delivery of the required premium and collateral are conditions precedent to Surety's obligation to execute the Bond. Indemnitor further acknowledges that failure to perform under this Agreement will entitle Surety to exercise all rights and remedies at law or in equity.

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