INDEMNIFICATION AGREEMENT AND PROMISSORY NOTE
INDEMNIFICATION AGREEMENT AND PROMISSORY NOTE
THIS AGREEMENT MADE BETWEEN ______________________________________________________________________________________ hereinafter “co-signers” and _______________________________________________________________ hereinafter “defendant/co-signer” and Seneca Insurance Company; hereinafter “surety”.
BOND POWER#(S): _________________________ EXECUTION DATE:_________________________
BOND
AMOUNT(s) ________________________________ EXECUTED AT: ___________________________
SURETY HAS or is about to execute, at the request of the co-signers, the bail bond(s) as listed above. The security and indemnity herein provided and attached and surety having paid the sum of $1.00, all of which is hereby acknowledged and referred to and made part of this Agreement.
NOW THEREFORE, in consideration of the execution by surety of such bail bond, the co-signers pledge and agree with surety that the co-signers jointly and severely (individually and jointly promise to pay to the order of surety, its agents, successors and assigns, the sum of ___________________________________ dollars ($_______________). It is agreed the sum shall be paid upon demand which results from an initial, partial, or full forfeiture of the bail bond(s) to include any bail bond(s) executed in renewal thereof or in substitution thereof including any appeal bond and for the purpose of securing surety against any liability.
THE CO-SIGNERS understand the premium (10% of the bail bond amount plus the $30.00 court filing fee, minimum of $130.00, plus costs, fees and disbursements) charged for the bail bond(s) insurance policy are fully earned and assessed and are non-refundable regardless of the release of the defendant, improper arrest, reduction of bail or dismissal of charges. Any income earned on premium and collateral is owned by the surety.
THE CO-SIGNERS will at all times indemnify, save and hold harmless surety from and against all sums and expenses, claims, costs, charges, legal fees, collection fees, disbursements and expenses of every kind and nature. The sums and expenses will include: the bail bond premium, filing fees, mortgage fees, court costs, legal fees, investigative fees, and recovery agent fees which surety shall pay or incur to meet all claims, costs, expenses, orders, decrees, and adjudications against surety. These obligations shall be extended to include proceedings in which surety asserts or defends its right to collect or charge for legal and collection actions for disbursements incurred as well as reasonable fees charged for correspondence, postage, phone calls, tolls, travel time and court appearances. There will be a compounding interest assessed for unpaid obligations from the date of default at a rate of 24% annual percentage rate.
THE CO-SIGNERS waive presentment, protest and notice of protest of the Agreement and agree that this Agreement is not executed under force or duress.
THE DEFENDANT hereby freely waives his rights of extradition under all statutes and codes of the United States of America and its individual states. These rights include hearings, conditions and requests for all extradition proceedings and related proceedings.
THIS AGREEMENT is binding upon co-signers jointly and severely as well as upon their heirs, executors, administrators, and successors.
THE CO-SIGNERS waive the benefit of any law requiring surety to make claim upon, proceed or enforce its remedies against the defendant before making demand upon or proceeding and enforcing its remedies against any co-signer. The co-signers consent to name the State of New Jersey and County of ________________ as the competent Court of jurisdiction and venue for resolution of any claims which may arise from any default of this Agreement.
THE CO-SIGNERS hereby agree if any provision of this instrument is unenforceable under the laws and regulations of any place governing its enforcement, this Agreement shall not be voided entirely; only that provision shall be voided.
THE CO-SIGNERS fully agree that in the event of a violation of conditions of the bail bond(s), or the pledged security becomes insufficient, as determined by surety in its reasonable judgment, foreclosed against, subject to a lawsuit or devalued, co-signers will be required to provide sufficient and acceptable security within seven days to maintain the bail bond insurance policy with surety.
THE CO-SIGNERS agree if the court forfeits the bail bond(s), surety and or its agents have a right to search any structure where the defendant is residing or staying regardless of the hour and may forcefully enter the structure for the fugitive defendant and arrest said defendant. It is further agreed that the defendant and co-signers voluntarily waive their right to privacy and hold surety harmless for any acts, damages, emotional distress or claims whatsoever in the event entry into the structure is refused.
PLEASE NOTE: Defendant’s acceptance into a Pre-Trial Diversion Program (PTI, Section 36, ARD, ACD or similar intervention programs) is not a completion of the case or discharge of the bail bond(s) unless specifically authorized by the judge when admitting the defendant into the PTI program. Reference: Court Rules 3:26-7 and 3:28.
THE CO-SIGNERS understand the occurrence of any of the following events shall constitute a willful breach of defendant and co-signer’s obligation to surety: A) Defendant departs the jurisdiction of the court without written consent of the court and surety: B) Defendant or co-signers make false statements on the Bail Bond Application: C) Defendant commits an act that constitutes reasonable evidence of his intent to cause a bench warrant and/or bail bond forfeiture. Any such action shall constitute cause for surety to move to have the defendant’s bail bond(s) insurance policy revoked and defendant shall be remanded back to jail.
THE CO-SIGNERS understand and agree that in signing this Agreement for the release of the defendant, they are responsible for A) The defendant timely appearing at each court date; B) Payment of all court costs, court judgments, forfeiture costs and attorney fees imposed upon surety for non-appearance of the defendant if the Court forfeits or revokes surety’s bond(s) or if the defendant fails to comply with all instructions as imposed by the Court; C) Recovery agent fees if it becomes necessary to apprehend and or surrender the defendant; D) Pay the full amount of the bond(s) posted including any unpaid bail premium, attorney fees, court costs, court judgments and recovery agent fees if there is a default in the payment of the bail premium or if a forfeiture occurs and the defendant is not surrendered to the Court within the time prescribed by law; E) There are no renewal fees for posting bail; F) Bail is discharged upon sentence, and does not continue on appeal; G) Interest may not be charged for unpaid premiums; H) The Administrative Code prevents charging indemnitors for “banking fees” and “service-related fees, such as travel fees and after-hour service-fees.
PAGE TWO OF TWO OF INDEMNIFICATION AGREEMENT AND PROMISSORY NOTE DATED ___________________________
THE CO-SIGNERS understand any collateral or security pledged will be returned during normal business hours and no more than three (3) business days from surety having received written verification from the court that the bonds associated with this Agreement have been discharged and exonerated.
THE CO-SIGNERS authorized ______________________________ to charge their credit card accounts as listed on the accompanying Bail Bond Application for any future expense including bail bond premiums, bail bond forfeitures, violations of this Indemnification Agreement and Promissory Note, its Conditions of the Bail as well as recovery agent fees or any lawful fees whatsoever.
THE FOLLOWING ARE CONDITIONS OF THE BAIL as agreed upon by each defendant co-signer and surety. Failure to immediately comply with these Conditions of Bail SHALL BE cause for surety to move to have defendant’s bail bond insurance policy revoked. Additional fees will be assessed if the Conditions of Bail are not cured within 48 hours. Surety shall immediately be notified by both Defendant and Co-Signer of:
1. Change of name of each co-signer.
2. Change of mailing address and or address where each co-signer is residing regardless of duration of time or location.
3. Change or disconnection of residence, job, pager, or cellular telephone numbers of each co-signer.
4. Loss or change of employment or job location of each co-signer.
5. Change of court date or cancellation of court dates.
6. Name and telephone number of defense attorney; public defender/legal aide assigned to the case associated with this bail bond(s).
7. Final court date to allow surety to discharge co-signers of their bail bond contract, liability and obligations.
8. Defendants subsequent re-arrest regardless of charges.
9. Defendant’s admission and departure from any chemical dependency or mental health evaluation program.
10. Each co-signer must return phone calls of surety as well as provide to surety information and documentation requested by surety to maintain current bail bond application and continuance of the bail bond insurance policy.
11. Provide the raised seal or Court stamped bail bond discharge from the Court having final jurisdiction on the defendant’s case.
ADDITIONAL CONDITIONS OF BAIL
NON-COMPLIANCE WITH THE ABOVE ADDITIONAL CONDITIONS OF BAIL SHALL AUTHORIZE A BAIL REVOCATION
RELEASE
I, authorize surety to contact and obtain information from any of my previous, present or future health care providers, hospitals, chemical dependency programs, doctor’s office, employers, financial institutions, schools, credit bureau, law enforcement agencies, municipal, county, state and federal agencies and contractors. I have been made aware of my rights as stipulated under the HIPPA compliant Patient Authorization Release and do hereby agree for my health care provider to release to surety, the requested information. I further agree and authorize surety to obtain requested information from welfare departments and general assistance programs as defined in the General Assistance Manual Sub-chapter 1 10:85 1.5 and any amendments or supplements thereof to release. These are all entities as mentioned above are authorized to release and supply information to surety concerning my records, history, health care, background, or services and care provided to me. I fully and irrevocably release any of the above entities from any liability or responsibility arising from their compliance of this RELEASE. This research may be performed for information dating back for the past 10 years and for future information as long as this Indemnification Agreement and Promissory Note is in full force and effect.
I, the below signed individual, have provided accurate and truthful information as listed on the accompanying Bail Bond Application. I understand that if the information provided is willfully or knowingly false, I may be subject to the prescribed penalties of Law. I fully agree and understand my obligation and liabilities and agree to fully comply with the terms of this Agreement, its Conditions of the Bail and Release. I have received a copy of this Agreement.
IMPORTANT: PLEASE READ THE ABOVE TWO PAGES BEFORE SIGNING THIS AGREEMENT!
______________________________________________________________ _____________________________________________________________
DEFENDANT AS DEFENDANT AND CO-SIGNER CO-SIGNER #1
_________________________________________________ _________________________________________________
CO-SIGNER #2 CO-SIGNER #3
STATE OF ____________________________________:
County of _____________________________________:
SENECA INSURANCE COMPANY On this _____ day of __________________ 200______:
Before me appeared
_________________________________________________ ______________________________________________
BY: _________________________________________________________
Who, I am satisfied are the parties listed above who did sign this
Indemnification Agreement and Promissory Note.
__________________________________________________________
WITNESS/TRANSLATOR/NOTARY (OPTIONAL)
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