The undersigned called “First Party” and “Principle” make an application to BAILCO, LLC, called “Second Party” for execution by SENECA INSURANCE COMPANY of New York, a corporation called “Surety” of a bail underwriting herein referred to as “Bail Bonds” in the penal amount of called “Principle”, and in consideration of Second Party arranging for execution of continuance of the Bail Bond, First Part and Principle do jointly and severally agree as follows:
I: To pay Second party the non-refundable fee for the above bond as well as the below expenses:
II: To reimburse Second Party and Surety for all expenses incurred by Second Party or Surety, to include reimbursement for all time expended by any employee, subcontracted or agent of Second Party at the hourly rate of one hundred ($100.00) dollars per hour, per agent, in connection with the arranging and / or execution of Bail Bond whether or not said Principle agrees to be released after arrangements have been initiated by Second Party. Such expenses and reimbursement shall be billable biweekly and payment shall be due upon receipt of invoice. Interest shall accrue on unpaid balances at the rate of twelve per cent (12%) per annum (effective monthly interest of 1%), compounded semiannually, beginning thirty (30) days from invoice date.
III: The obligations hereunder are joint and several and any amounts due shall bear interest at the maximum rate of interest allowed by law. The Second Party and the Surety shall not be first obliged to proceed against the principle on the bail bond before having recourse against the First Party or any one of them, the First Party hereby expressly waives the benefits of law requiring the Second Party or the Surety to make claim upon or to proceed or enforce it’s remedies against the Principle before making demand upon or proceeding and / or enforcing it’s remedies against any one or more of the First Party.
IV: To pay Second Party or Surety any reasonable attorneys’ fees or costs incurred by Second Party or Surety in any attempt by Second Party or Surety to collect monies I owe Second Party or Surety under this Indemnity Agreement, whether such attempts are the result of a legal action brought against me or otherwise. I also agree to pay Second Party or Surety any reasonable attorneys’ fees incurred by Second Party or Surety in connection with any action that is commenced to foreclose on any mortgage on any real property which I have pledged or mortgaged to secure my obligations under this Indemnity Agreement whether such foreclosure action is commenced by Second Party, Surety or by any other person.
V: To pay the Second Party or Surety as collateral upon demand, the penal amount of the Bail Bond whenever Second Party or Surety, as a result of information concealed or misrepresented by the First Party or Principle or other reasonable cause, any one of which, was material to hazard assumed, deems payment necessary to protect the Second Party or Surety hereunder, or where, as a result of judicial action, bail has been increased or new bail required, and no collateral or insufficient collateral in the sole discretion of the Second Party or Surety, is furnished to indemnity against such increased bail.
VI: To pay Second Party of Surety immediately upon demand after bond forfeiture the full penal amount of the bail bond posted, and to pay twelve per cent (12%) interest per year on any unpaid balance.
VII: To aid Second Party or Surety in securing release or exoneration of Second Party or Surety from all liability under Bail Bond, including the surrender of Principle to court should Second Party or Surety deem such action advisable.
VIII: That all money or other property which the First Party or Principle has deposited with the Second Party or Surety may be applied as collateral security for obligations described herein, and to accomplish the purpose contained herein, the Second Party and / or Surety is authorized, after bond forfeiture due to the failure of the Principle (defendant) to appear for a court appearance for any reason, to apply the proceeds therefrom and any and all money deposited for their here-in-above, liabilities, losses, costs damages and expenses.
IX: In making application for bail bond, each of us warrants all statements made by him or her on this application to be true, and we agree to advise Second Party or Surety of any change, including but not limited to change of address or employment of either the principle or any of the First Party, or any other material changes in circumstances, within forty-eight (48) hours after knowledge of such change has been incurred.
X: To reimburse Second Party or Surety for all expenses incurred by Second Party or Surety to include reimbursement for all time expended by any employee, subcontractor or agent of Second Party at the hourly rate of one hundred ($100.00) dollars per hour, per agent, and caused by the Bail Bond being forfeited or a breach by the Principle of any term for which the application and Bail Bond were written, including all expenses or liabilities incurred as a result of searching for, recapturing or returning Principle to custody, incurred by Second Party or Surety or as necessary in apprehending or endeavoring to apprehend Principle, including legal fees incurred by Second Party or Surety in making application to a court for an order to vacate or to set aside the order of forfeiture entered thereon. Reimbursement of mileage at the current rate listed with the IRS. Such expenses and reimbursement shall be billable biweekly and payment shall be due upon receipt of invoice. Interest shall accrue on unpaid balances at the rate of twelve per cent (12%) per annum (effective monthly interest of 1%), compounded semiannually, beginning thirty (30) days from invoice date. I authorize Bailco L.L.C. to use the credit card account provided to collect any damages described above or any balance thereof if not paid in full upon receipt of first billing Late fees of $10.00 per month and interest shall accrue on unpaid balances at the rate of twelve per cent (12%) per annum (effective monthly interest of 1%), compounded semiannually, beginning thirty (30) days from invoice date.
XI: The undersigned agree that these obligations apply to all other bail bonds executed for the same charge for which the above mentioned bail bond was executed, or any charge arising out of the same transaction, regardless whether said bail bond is filed before or after conviction, but not in a greater amount.
XII: Upon issuance of this bail bond, I grant permission for full disclosure of any financial, medical, arrest or other personal checks concerning myself to Second Party or Surety or agent or any other background or credit agency, as authorized agent of Second Party or Surety for the purpose of completing a personal background investigation.
XIII: I have reviewed this form, fully understand the intent of this authorization and give my full consent for disclosure of all my reports of credit and financial institutions, current and / or previous employers, education institutions, and Department of Motor Vehicle records, criminal and civil including all law enforcement agencies, and the use of any and all forms of GPS monitoring when necessary, upon issuance of the bail bond.
XIV: I have agreed to grant access to electronic devices, social internet network site access, email sites, and any other internet and/or as becomes XIV: available into the future.
XV: The parties agree that a signed photocopy of this Indemnity Agreement will be valid as an original, even though said photocopy does not contain the original writing any signature. Moreover, the parties agree that this Indemnity Agreement may be transmitted between them by facsimile machine or via e-mail. Therefore, the parties agree that a copy of this Indemnity Agreement containing a facsimile or scanned copy of the signatures of the parties shall be legally binding in the same fashion as if it contained original signatures.
XVI: I hereby give and forever grant to Bailco LLC, its parent companies, affiliates, subsidiaries to Bailco LLC or any of its agents and to the licensees, producers or publishers of promotional materials and video productions, television and cable programs of Bailco LLC, and its successors and assigns, the royalty-free right to use, publish and copyright my picture, portrait, likeness, image, name and voice in whole or part, including alterations, modifications, derivations and composites thereof, in any and all Bailco LLC marketing and advertising materials, and in advertising, promotion of and distribution of my performance and appearance any and all of BailCo LLC, its agents and derivatives thereof, throughout the world. This right shall include all forms of marketing, distribution and transmission of my image and voice, including broadcast, video, internet distribution and the right to combine my likeness with others and to alter my likeness, by digital means or otherwise for the purposes set forth herein.
XVII: acknowledge receiving and reading a copy of the Bailco Privacy I Disclosure Notice which is set forth on page two of my application. understand and agree to the terms and conditions of that Bailco Privacy Disclosure Notice.
XVIII: By signing my name below, on this date, I authorize the bail bond agent named herein to execute bail bonds on behalf of myself or the person I represent. I understand that this will begin the bail bond process. NOTE: If I am signing this form as a duly designated representative of the defendant, I certify that I am at least 18 years of age and that I have full permission of the defendant to enter into this agreement.
IN WITNESS WHEREOF, The First Party and Principle whose names are subscribed to the bail agreement executed herein each represents: I have read the bail agreement and I know the contents thereof: that I am the true and lawful owner of the property, whether real or personal, which is set forth in the application for bail (which application is made part hereof by reference as though herein fully set forth) is my property and that I own such property free and clear of all liens or encumbrances except as so noted. I understand the Second Party and / or Surety are permitting the said bail to remain in force upon reliance of the statement made by me and I do hereby this set my hand.
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Document Name: Indemnity Agreement
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