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Form #1657Bail Bond Indemnity Agreement
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This is an Indemnity Agreement for bail bond agencies located in the state of Georgia. This is a bail contract that a cosigner, guarantor or indemnitor would fill out, holding a bail agency harmless for any debts that may arise out of bail agencies' willingness to underwrite a bail bond purposed for the release of a defendant in exchange for a cosigner's or indemnitor's personal guarantee to cover the costs in the event of default.
May be applicable elsewhere, but originally designed for use in DeKalb County, GA.
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Hosea Williams Bail Bonds, Inc.
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INDEMNITY AGREEMENT
THIS AGREEMENT is made by and between
the undersigned Indemnitor(s) and Defendant (collectively known hereafter as
“Indemnitor” or “Indemnitors”), and HOSEA’S BONDING COMPANY (aka “HOSEA
WILLIAMS BAIL BONDS, INC” and hereinafter the “Surety”), whose principal place
of business is 3500 Kensington Road, Decatur, Georgia 30032, in the county of
Dekalb. WHEREAS, Surety at the request of the Indemnitor(s) has or is about to
become SURETY on an appearance bond for inmate ____________________________________________________________________________
(Hereinafter the “Defendant”) from the ________________________________________
jail in the sum of ___________________________________________________________ Dollars
and ____ /100 ($__________________) by its certain bond executed on receipt number(s)
_____________________________ (hereinafter the “Bond”),
NOW,
THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties jointly and severally agree:
1. That the Indemnitors will have
Defendant forthcoming before the Court named on said Bond at the time(s)
therein fixed, and at such other times as may be ordered by the Court.
2. That the Indemnitors will at all times
indemnify and save the Surety harmless from and against any and all claims,
demands, liabilities, recovery fees, costs, charges, counsel fees, expenses,
suits, orders, judgments, or adjudications whatsoever which the Surety shall or
may for any cause sustain or incur, by reason of Surety having executed said
Bond or undertaking, and will, upon demand, place the Surety in funds to meet
all such claims, demands, liabilities, costs, charges, counsel fees, expenses,
suits, orders, judgments, or adjudications against it, by reason of its
Suretyship, and before the Surety shall be required to pay the same.
3. That the obligations contained in
Paragraph 2 above shall continue as long as the Surety has any liability or has
sustained any loss, upon the bond referred to herein, and the undersigned
further agrees not to make any transfer, or any attempted transfer of any of
the property, real or personal , in which the undersigned has an interest or in
which the undersigned may subsequently acquire any interest, and it is further
agreed that the Surety shall have a lien upon all property of the undersigned
for any sums due it or for which it has become, or may become, liable by reason
of its having executed the Bond referred to herein. It is further agreed that
the obligations contained in Paragraph 2 above and the provisions of this
paragraph shall be binding upon and apply to any subsidiary, affiliate, parent
or related enterprises created or acquired by the undersigned.
4. That the voucher or any other evidence
of any payment made by the Surety, by reason of this Suretyship, shall itself,
be conclusive evidence of such payment as to the Indemnitors, their estate, and
those entitled to share in their estate, and their successors and assigns.
5. That the Surety may withdraw, at any
time provided by law, from its Suretyship upon the Bond or undertaking herein,
without liability to any party.
6. That Indemnitors’ obligation and
indemnities as contained herein shall not terminate upon exoneration of the Bond
or undertaking but shall continue until such time that Surety is relieved of
all duties, demands, liabilities, obligations, costs or expenses in any way
related thereto.
7. That the waiver by Surety of any breach
of any term or condition herein shall not be deemed a waiver of same of any
subsequent breach of the same term or condition, and that failure of any Indemnitors
to comply with the terms and conditions herein shall not act as or be construed
as a release or waiver as to the remaining Indemnitors who shall remain liable
and bound by all provisions of this Agreement.
8. This Agreement shall be construed and
enforced under the laws of the State of Georgia. In the event any of the
provisions of this Agreement are inconsistent with the laws of this State, this
Agreement, as to these provisions only, shall be null and void, and the
remainder shall be enforced with the same effect as though such provisions were
omitted.
9. The use of the plural herein shall
include the singular. Obligations of the Indemnitors shall be joint and several
and the provisions of this Agreement shall be binding upon Indemnitors’ heirs,
successors, representatives and assigns.
10. Indemnitors will have Defendant appear
at the offices of Surety, immediately upon Defendant’s release from
incarceration, to complete paperwork and otherwise perform duties in accordance
with conditions of the Bond as determined by Surety.
11. That Indemnitors’ liability to Surety is
not limited to the Bond referred to herein, but shall apply to all other bonds
or undertakings issued by Surety at the request of the Indemnitors. All
obligations of the Indemnitors herein, shall be and are hereby expressly
cross-defaulted and cross-collateralized with any and all other Notes, Security
Deeds, Indemnity Agreements and with any and all other obligations of the Indemnitors
to Surety, whether now existing or arising in the future (collectively referred
to herein as the ("Indemnitors Obligations"), such that the
occurrence of any Event of Default under any of the Indemnitors Obligations
shall be a default under all of the Indemnitors Obligations and under all
documents and instruments evidencing and/or securing the Indemnitors
Obligations. If any such Event of Default occurs, Surety shall be entitled to
exercise any and all rights and remedies including, without limitation, take
possession of the collective collateral for the Indemnitors Obligations in any order
and in any combination as Surety shall desire, it being expressly understood
and agreed by each Indemnitor that the collateral securing any part of the
Indemnitors Obligations is (and shall become to the extent of the Indemnitors
Obligations created in the future) collateral for all such Indemnitors
Obligations. Nothing in this Indemnity Agreement shall
limit the rights and remedies of Surety against
Indemnitors after the occurrence of an Event of Default under the Notes,
Security Deed, or other obligations, applicable to such Indemnitors Obligations.
12. That it is a condition of this Agreement
that any sale or change in ownership or possession of any collateral used in
association with this or any Bond between Indemnitors and Surety, or any part
thereof, without the written consent of Surety, shall, at the option of Surety,
constitute a default under the terms of this Agreement.
13. That Indemnitors’ obligations hereunder
are unaffected by the existence of a hold or detainer on the Defendant, which
may prevent the release of Defendant and result in Defendant’s transfer to
another facility. Once Surety has presented the Bond to the applicable jail, Surety
is under no obligation to return any funds to Indemnitors in the event of such
a hold being placed upon Defendant prior to his release pursuant to this Bond.
14. That should the Bond be
cancelled for any reason after the execution of this Agreement, Indemnitors
agree to have an administrative surcharge equal to the lesser of 30% of the Bond
fee or $30.00 deducted from fees paid, and the balance due returned within 72
hours of notice of cancellation.
15. That
Indemnitors hereby authorize Surety to verify the
validity of all personal, financial, and employment information provided on
the Indemnitor application or otherwise required in underwriting and
qualifying said Bond, and to inquire now or periodically with my employers,
financial institutions, and any of the credit reporting bureaus available to
Surety. In the event of Indemnitors’ default hereunder, Indemnitors give
permission for Surety to periodically access credit reports or other data
sources. Prior to and subsequent to the execution of this Agreement,
Indemnitors promise to supply any additional information requested by Surety
and acknowledge that Indemnitors shall be in default upon failure to comply
with any such requests.
16. That Surety shall have control and
jurisdiction over the Defendant during the term for which the Bond is in effect
and shall have the right to apprehend, arrest and surrender the Defendant to
the proper officials at any time as provided by law.
17. That beginning the first Monday or Tuesday after the date of this contract, and
then every other Monday Tuesday thereafter, the undersigned
understands the Defendant is to check-in via phone by with the Surety on each
Monday or Tuesday of each week until the case has closed
18. That the occurrence of any one of the
following events, to include but not be limited to the same, shall constitute a
breach of Indemnitors’ obligations under this Agreement, and Surety shall have
the right to forthwith apprehend, arrest, and surrender Defendant, and neither
Defendant nor Indemnitors shall have the right to any refund of premium
whatsoever; and any outstanding balances shall still be due and payable in
full:
(a) If Defendant shall depart the jurisdiction of the
court without the written consent of the court and Surety.
(b) If Defendant shall move from one address to another
without notifying Surety and the court in writing prior to said move.
(c) If Defendant shall commit any act which shall
constitute reasonable evidence of Defendant’s intention to cause a forfeiture
of said Bond.
(d) If Defendant is arrested and incarcerated for any
offense other than a misdemeanor.
(e) If Defendant or Indemnitors shall
make any material false statement in this Application.
(f) If Defendant or Indemnitors shall
fail to make any payments as due hereunder.
THE PREMIUM ON THIS BOND IS THE FEE FOR BAIL SERVICES & THEREFORE
NON-RETURNABLE UNLESS CANCELLED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH
14 OF THIS AGREEMENT
WITNESS WHEREOF, the parties have
executed this Agreement this ___________ day of _________________________________,
20____________
___________________________________________________________
X___________________________________________________________
PRINTED NAME OF
INDEMNITOR #1
SIGNATURE
OF INDEMNITOR #1
__________________________________________________________
X___________________________________________________________
PRINTED NAME OF
INDEMNITOR #2
SIGNATURE OF INDEMNITOR #2
__________________________________________________________
X___________________________________________________________
PRINTED NAME OF
INDEMNITOR #3
SIGNATURE OF INDEMNITOR #3
__________________________________________________________
X___________________________________________________________
PRINTED NAME OF
DEFENDANT
SIGNATURE OF DEFENDANT
__________________________________________________________
X___________________________________________________________
PRINTED NAME OF SURETY
AGENT/WITNESS
SIGNATURE OF SURETY AGENT/WITNESS
Contributed by
Torrey Williams |
|
Name of Firm |
Hosea Williams Bail Bonds, Inc. |
Principal Office Address |
3500 Kensington Rd
Decatur, GA 30032 |
Education / Certifications |
Professional Bondsmen of the United States; Georgia Association of Professional Bondsmen; Morehouse College; Georgia State University; Alabama State University; Bachelor's of Criminal Justice |
Total Forms Contributed |
1 |
Phone |
404-222-9999 |
Website |
www.hoseawillbond.com |
Email |
|
Founded by civil rights icon, chemist, Georgia State Legislator, Atlanta City Councilman, & DeKalb County Commissioner Rev. Dr. Hosea Williams 1926-2000), since 1997, we have been one of the premiere bail agencies throughout the metro-Atlanta area providing bail bonds throughout the same. |
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Submissions to this site, including any legal or business forms, posts, responses
to questions or other communications by contributors are not intended as and should
not be construed as legal advice. You are strongly encouraged to consult competent
legal council before engaging in any action based upon content contained on this
site.
These downloadable forms are only for personal use. Retransmission, redistribution,
or any other commercial use is prohibited. This includes reposting forms from this
site to another site offering free legal or other document forms for download.
Please note that the donator may have included different usage terms regarding this
form, and you agree to abide by these terms. It is highly recommended that you have
a licensed attorney review any legal documents for which you are searching in order
to make sure that your needs are being properly and completely satisfied.
Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
for any damage you might incur from your use of any submissions contained on this
site. If you do not agree to the above terms, please do not proceed.
These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com
is not engaged in recommending or referring members on the site or making claims
about the competence, character or qualifications of its participating members.
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Keywords: cosigner, indemnitor, bail, bonds, bail bonds, bail contract, bond contract
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