Bond Agreement

Bail Bond Agreement

WHEREAS, the undersigned , hereinafter called the Applicant, of , has made or does now make application to , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as BBC, to have executed or secure the execution by , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Surety, of a Bail Bond in the penal sum of $ on behalf of , of , hereinafter referred to as Defendant; and

WHEREAS, upon and with the express understanding and condition that this Agreement would be executed by the Applicant, BBC has heretofore arranged for the execution of said Bail Bond or does hereby agree to arrange for the execution of the same;

NOW, THEREFORE, in consideration of BBC arranging for the execution of the Bail Bond aforementioned, or in the event that said Bail Bond shall already have been executed and the Defendant released from custody thereon, then and for and in consideration of the BBC causing the Surety to permit the Defendant to remain for the time being free from the custody of the Court under said Bail Bond, the Applicant hereby agrees and promises as follows:

1. To pay to BBC the sum of $ as premium for and upon the execution of said Bail Bond and a like sum annually in advance each year hereafter until the Surety shall be legally discharged from all liability thereunder, and to pay to the BBC charges for extraordinary services, if any. The said premium shall be regarded as fully earned immediately upon the filling of said Bail Bond, and the fact that the Defendant may have been improperly taken into custody or his Bail reduced, or his cause dismissed forthwith shall not obligate the BBC to waive or return said premium or any portion thereof.

2. To indemnify and to at all times save harmless BBC and/or the Surety from and against any and all liability, demands, expenses, attorney’s fees, debts, damages, judgments, or losses of any kind, character or nature that BBC or the Surety shall or may at any time or for any cause sustain, incur or be put to by reason of the execution or the arranging or obtaining the execution of the bail bond aforementioned or any renewal thereof or any bond issued in continuance thereof as to substitute therefore.

3. To pay to the BBC or the Surety immediately upon demand the penal amount of said Bail Bond whenever the BBC or the Surety deems such payment necessary for protection, upon any change of condition which increases the hazard, which sum shall be retained and used by the BBC or the Surety as security hereunder.

4. To pay to BBC or the Surety immediately upon the declaration of a forfeiture of said Bail Bond the Penal Amount thereof.

5. To aid cooperate with the BBC or the Surety in securing the release or exoneration of BBC or the Surety from any and all liability under said Bail Bond, including the surrender of the Defendant to the custody of the Court should BBC or the Surety in its sole discretion deem such action as necessary or advisable, and even through such surrender may have been made before the bail bond has been forfeited or any liability incurred thereon by the BBC or the Surety and no obligation shall exist on the part of the BBC or the Surety to return or waive the premium or any portion thereof, except as may be other wise required by law or the rules of the Insurance Commissioner of the State of .

6. To reimburse the BBC or the Surety, in any amount not to exceed the penal amount of the Bail Bond, for any and all expenses or liabilities incurred in searching for, recapturing or returning the Defendant to the custody of the Court, including salaries of employees during the time spent apprehending or endeavoring to apprehend the Defendant, expenses for private detectives, rewards, traveling expenses, telegrams, telephone calls, automobile expenses, railroad or air fares, meals and any and all other expenses or liabilities incurred by BBC or Surety as necessary or incidental in apprehending or in endeavoring to apprehend the Defendant, including also liability for attorney’s fees incurred by BBC or the Surety in making application to the Court for an order to vacate or set aside the order of forfeiture or the judgment entered thereon and even through such expenses may have been incurred before any order has been made forfeiting said Bail Bond or even though such expenses may have been incurred after the time for the setting aside of the forfeiture declared upon the said Bail Bond shall have expired. An itemized statement of such expenses sworn to by the BBC or any officer or attorney-in-fact of the Surety shall be accepted as prime facie evidence of the fact and extent of such expenses in any and all suits hereunder. All money owing to BBC, pursuant to this Agreement, that is in arrears for a period of thirty (30) days, shall accrue monthly at the highest legal rate of interest. Additionally, Applicant hereby authorizes BBC to conduct a credit check and other financial inquiries on the Applicant.

7. This Agreement shall apply to any and all other bail bonds executed for the Defendant on the same charge for which the above mentioned Bail Bond was executed or any other charge connected therewith or arising out of the same general transaction or circumstance regardless of whether said Bail Bond or Bonds are filed before or after conviction or appeal, but not in a greater amount.

8. That any and all money or other property which the undersigned or any of them have paid or deposited or may pay or deposit with BBC or the Surety, or which is or may at any time be in the hands of BBC or the Surety belonging to the undersigned, may be held by BBC or the Surety as collateral or at the option of BBC or the Surety may be applied as collateral security or indemnity for the matters contained herein or any of them. However, nothing herein shall be a waiver by the depositor of any money or property or by any guarantor of any right or rights he may have or shall hereafter acquire in connection therewith as against the Surety.

9. To pay the BBC or the Surety’s attorney’s fees in an event of suit hereunder for breach of this Agreement incurred by the BBC or the Surety under this Indemnity Agreement.

10. In making application for the herein above described Bail Bond, the undersigned warrants all of the statements made throughout the bail documents to be true and agrees to advise BBC of any changes (ESPECIALLY OF ADDRESS AND TELEPHONE NUMBER) within 48 HOURS AFTER SUCH CHANGE HAS OCCURRED AND AGREES THAT ANY FAILURE TO NOTIFY SHALL BE CAUSE FOR THE IMMEDIATE SURRENDER OF THE DEFENDANT.

IN WITNESS WHEREOF THE UNDERSIGNED DOES HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING AGREEMENT AND STATES THAT HE/SHE HAS CAREFULLY READ AND THE SAME AND UNDERSTAND THE CONTENTS THEREOF.

Witness my signature this the day of , 20 .

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