Legal Bail Packet

LEGAL BAIL PACKET — INDEMNITY & BOND DOCUMENTS

This Indemnity Agreement and related Bail Bond documents (the Agreement) are entered into by and between Surety Name: , a licensed surety or surety company ("Surety"), and Indemnitor Name: ("Indemnitor"), on this Effective Date: , in connection with the release of Defendant Name: in Case Number: , before the Court of , County: .

RECITALS

WHEREAS, the Court has set Bail in the amount of $ (the Bail Amount) to secure the appearance of the Defendant named above; and

WHEREAS, Surety is willing to execute one or more bail bonds as surety for the Defendant's appearance on the terms set forth in those bond instruments (the Bail Bonds); and

WHEREAS, Indemnitor is willing to indemnify and reimburse Surety, and to provide collateral and security, to induce Surety to execute the Bail Bonds on Defendant's behalf.

NOW, THEREFORE

For good and valuable consideration, the sufficiency and receipt of which are expressly acknowledged, the parties agree as follows:

1. DEFINITIONS

1.1 "Principal" means the Defendant named above for whom bail is furnished. 1.2 "Bond" or "Bail Bond" means each undertaking executed by Surety to secure Principal's appearance. 1.3 "Obligations" means all liabilities, losses, costs, expenses, damages, fines, forfeitures and fees (including reasonable attorneys' fees) incurred by Surety or its Attorneys in connection with any Bond, this Agreement, or enforcement hereof.

2. ISSUANCE OF BAIL BOND

2.1 Upon request of Indemnitor, and upon receipt of premiums and such collateral as Surety deems acceptable, Surety may execute one or more Bonds for the appearance of the Principal. Execution of a Bond by Surety creates a contractual obligation of Surety to the issuing Court and constitutes a benefit to Indemnitor subject to the terms herein.

3. INDEMNITY AND REIMBURSEMENT

3.1 Indemnitor unconditionally and irrevocably indemnifies, defends, and holds harmless Surety from and against all Obligations. Indemnitor shall immediately reimburse Surety for any and all payments made by Surety under any Bond, and shall pay all costs, including but not limited to reasonable attorneys' fees, court costs, premium refunds, and expenses of apprehension, extradition, or transportation of Principal.

3.2 Indemnitor's obligations are primary, continuing and independent of the obligations of Principal and of any other indemnitor, guarantor, or collateral provider.

4. COLLATERAL, SECURITY, AND LIENS

4.1 Indemnitor grants Surety a continuing security interest and lien in the collateral described above and in any other collateral now or hereafter delivered to Surety to secure Indemnitor's obligations. Surety may, at its option, perfect and maintain any security interest and take any action necessary to protect, collect or realize upon such collateral without notice to Indemnitor in the event of default.

5. POWER TO SURRENDER AND SURRENDER AUTHORIZATION

5.1 Indemnitor irrevocably authorizes Surety and its agents to take all actions deemed necessary by Surety to secure the appearance of Principal, including but not limited to apprehension, extradition, surrender and delivery of Principal to any court, official or correctional facility. Indemnitor waives any claim against Surety for any such acts taken in good faith.

6. REPRESENTATIONS AND WARRANTIES

6.1 Indemnitor represents and warrants that Indemnitor has full power and authority to enter into this Agreement, that all information provided to Surety is true and complete, and that no material fact has been withheld that would affect Surety's decision to execute or continue any Bond.

6.2 Indemnitor represents that collateral offered is free of adverse liens except as disclosed in writing to Surety, and Indemnitor will execute such documents as may be necessary to perfect Surety's security interest.

7. COSTS, EXPENSES, AND CHARGES

7.1 Indemnitor agrees to pay Surety actuarially appropriate premiums and, in addition, to promptly reimburse Surety for all costs and expenses reasonably incurred in the investigation, defense, enforcement or collection of any Bond or this Agreement, including reasonable attorneys' fees and expenses whether incurred before or after judgment and on appeal.

8. DEFAULT AND REMEDIES

8.1 An event of default shall include, without limitation, Nonpayment of any Obligations when due, breach of any representation or warranty herein, failure to provide requested collateral, or Principal's failure to appear. Upon default, Surety may, at its election, declare all Obligations immediately due and payable and exercise any and all rights and remedies available at law or in equity.

8.2 Surety shall have the right to apply collateral to satisfy Obligations, to sell collateral at public or private sale, and to pursue any deficiency against Indemnitor without demand or notice to Indemnitor to the extent permitted by law.

9. NOTICES

9.1 All notices required or permitted hereunder shall be in writing and delivered personally, by certified mail, or by overnight courier to the addresses provided above, and shall be effective upon receipt.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

11. ENTIRE AGREEMENT

This Agreement, together with any associated Bond forms, schedules, addenda and collateral instruments executed contemporaneously, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings.

12. SEVERABILITY

If any provision of this Agreement is held invalid or 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 achieves, to the extent possible, the original economic, legal and commercial objectives.

13. AMENDMENT, WAIVER, AND COUNTERPARTS

13.1 No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom enforcement is sought. 13.2 Failure to exercise any right or remedy shall not constitute a waiver of that right. 13.3 This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

14. ADDITIONAL ACKNOWLEDGMENTS

Indemnitor acknowledges receipt of a copy of the Bond when issued, acknowledges that Indemnitor has read and understands this Agreement, and agrees that Surety may rely upon the statements and authorizations contained herein in the exercise of its rights and remedies.

ACKNOWLEDGMENT AND SIGNATURES

The parties below certify under penalty of perjury or similar sanction under applicable law that they are authorized signatories for the respective party and that the information provided in this packet is true and correct to the best of their knowledge.

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