TERMS & CONDITIONS

Indemnity Agreement and Terms & Conditions

Surety:
Crum & Forster Indemnity Company
157 Main Street
Greenville, PA 16125
P.O. Box 806
Greenville, PA 16125
Phone: (800) 245-0366
Fax: (724) 588-8801
Email: courtnotices@cfins.com

Bail Producer:
Quick Release Bail Bonds
Hereinafter referred to as the “Producer.”

Indemnitor Application and Agreement

You, the undersigned indemnitor (“Indemnitor” or “you”), represent and warrant that the declarations made and answers provided in your application are true, complete, and correct and are made for the purpose of inducing Crum & Forster Indemnity Company (“Surety”) to issue, or cause to be issued, a bail bond or undertaking for the Defendant identified in your application (“Defendant”).

This Indemnity Agreement (“Agreement”) is entered into between you, the undersigned Indemnitor, and Surety through Surety’s duly appointed independent bail producer, Quick Release Bail Bonds (“Producer”).

You will have Defendant appear in any court required in connection with the bond or bonds at the times stated in the bond or bonds and at all other times as may be ordered by the court.
You, jointly and severally, together and separately with any other indemnitor, shall indemnify the Surety, keep the Surety indemnified, and hold it harmless from and against any and all losses, demands, liabilities, fees, and expenses relating to, or arising out of, Surety’s issuance or procurement of the Bond, including, but not limited to:
1. The principal amount of any forfeiture of, or judgment on, the Bond, plus any related court costs, interest, and legal fees incurred;
2. A fugitive recovery fee if there is a forfeiture of the Bond, which fee is typically 10% of the amount of the Bond for an in-state recovery, plus any out-of-pocket expenses;
3. Any and all extradition costs that may be incurred to apprehend and return the Defendant; and
4. If a collection action is required, reasonable and actual attorneys’ fees, plus any and all other costs, expenses, and/or assessments that may be incurred as a result of any forfeiture of the Bond, subject to applicable law, if any, as stated in an attached or applicable addendum.
The voucher, check, or other evidence of any payment made by Surety or Producer by reason of such suretyship shall be conclusive evidence of such payment in any lawsuit against you, both as to the propriety of such payment and as to the extent of your liability to Surety for such payment.

Further, you will, upon demand, place with Surety the requisite funds to meet any such claim, demand, liability, attorneys’ fees, expense, or judgment, whether that demand is made before or after Surety has paid or advanced such funds.
If collateral is used to secure this Agreement, including a lien on real property, such collateral shall be subject to all provisions of this Agreement and any applicable collateral or security documents.
Unless otherwise provided by applicable law, if any, as stated in an attached or applicable addendum, the following events shall constitute a breach of the obligations to the Surety. Upon such a breach, the Surety shall have the right to immediately apprehend, arrest, and surrender the Defendant, and you, as Indemnitor, shall have no right to any refund of premium whatsoever:
1. The Defendant departs the jurisdiction of the court without the prior written consent of the court and the Surety;
2. The Defendant moves from the Defendant’s current address without prior written consent of the Surety or fails to notify Surety of any material information;
3. The Defendant commits any act that constitutes reasonable evidence of the intention to cause a forfeiture of the Bond;
4. The Defendant is arrested and incarcerated for any other offense, other than a minor traffic violation;
5. The Defendant makes any materially false statement in the application;
6. Any Indemnitor makes any materially false statement in the Indemnitor Application and Agreement;
7. The bail is increased;
8. Any Indemnitor requests that the Defendant be surrendered; or
9. There is a material increase in the risk assumed by the Surety, as determined by the Surety in its sole and absolute discretion, including, by way of example but not limitation, when any collateral or security given for the Bond depreciates in value or becomes impaired.
Subject to applicable law, if any, as stated in an attached or applicable addendum:
1. Any property or collateral you deposit is deposited as security for the payment of any and all monies and sums due to Surety or Producer, including all liability, demands, debts, including promissory notes, damages, judgments, interest, premiums, service charges, attorneys’ fees, and costs suffered, sustained, made, or incurred by Surety or Producer on account of, arising out of, or relating to the Bond and the transactions contemplated thereby.
  
  This includes, without limitation, the items referenced in Paragraph 2 above, your failure to comply with the terms and conditions of this Agreement, and any and all debt or other obligations arising out of or evidenced by any agreement executed by Defendant, you, or any other indemnitor for the benefit of Surety or Producer. These amounts and obligations are collectively referred to as the “Liabilities.”
2. If you grant the Surety a lien or security interest in any property or collateral to enforce the obligations contained in this Agreement, and you do not perform all of your obligations in this Agreement, you authorize the Surety to:
  1. Apply or sell any collateral security you deposited to reimburse the Surety for any and all Liabilities of any kind or nature;
  2. Hold, apply, or sell the collateral, or any part thereof, to protect or reimburse the Surety by reason of the execution at any time of any other bond for or on behalf of you or Defendant; and
  3. Apply and sell the collateral for the purpose of placing the Surety in cash funds or protecting the Surety against any claim, demand, or loss under the Bond or any other bond executed on your or Defendant’s behalf.
Subject to applicable law, if any, as stated in an attached or applicable addendum, the Surety may make any such sale, at its discretion, at public or private sale and without demand, notice, or advertisement of the time and place of said sale, and shall also have the right to purchase said collateral at such sale or sales, freed and discharged from any equity of redemption.
The Surety shall not be liable for the depreciation of any collateral or for any interest thereon.

In the event of depreciation of the collateral, or any part thereof, or of any collateral that may later be deposited with the Surety for its protection, you shall, upon request of the Surety, provide the Surety with additional and satisfactory collateral so that the total market value of the collateral shall, at all times, be equal to the market value of the collateral at the time of its initial deposit.

Subject to applicable law, if any, as stated in an attached or applicable addendum, if you fail to deposit such additional collateral, the Surety shall have the full right, power, and authority, without further demand or notice, to sell, assign, and deliver the whole or any part of such collateral, substituted collateral, or additional collateral, at public or private sale, at its option, and without demand, notice, or advertisement. The Surety shall also have the right to purchase said collateral at any such sale, freed and discharged from any equity of redemption.
If a confession of judgment is taken in connection with the Bond, the Surety shall have the right to enter and file the same at any time, and such judgment shall be a lien and entitled to a preference against any of your property, whether or not the Surety is indemnified at the time of the filing or entry of such judgment.

In the event a confession of judgment is filed by the Surety against you, the judgment entered shall be effective and available to the Surety against you not only in connection with the Bond, but also in connection with any other bond that may have been written by the Surety in which you are either the indemnitor or defendant.
You acknowledge and agree that the Surety may foreclose any or all of the liens and security interests arising out of the transactions relating to the Bond or this Agreement, exercise any of its rights or remedies under this Agreement, or take any combination of such actions, without waiving any other right or remedy.

Failure to exercise any rights or remedies of the Surety at any one time shall not constitute a waiver of the right to exercise them at any other time.

Any security or collateral you provide may be substituted, subordinated, or released by the Surety without affecting any other rights. The Surety shall not be obligated to enforce its rights against any security or collateral before enforcing its rights against you or any other indemnitor.
Subject to applicable law, if any, as stated in an attached or applicable addendum, the Surety will return collateral to you when all of the following conditions are satisfied:
1. The Surety receives competent written legal evidence satisfactory to the Surety, such as written notice from the court, of the Surety’s discharge or release from all liability under the Bond;
2. There are no outstanding Liabilities of any kind, including, without limitation, premium, arising out of or relating to the Bond;
3. There are no other outstanding bonds or obligations executed by, for, or on behalf of you or Defendant in connection with which the Surety may deem it advisable to retain such collateral for its protection; and
4. Upon the Surety’s request, you have executed and delivered to the Surety a general release relating to the Surety’s return of the collateral.
If the Surety deems it necessary to make any outlay to protect any collateral or security in its possession, whether real or personal property, you authorize the Surety to do so, and you agree to indemnify and reimburse the Surety for any such outlay that, in the judgment of the Surety, may be necessary to protect its collateral or security.

This includes payment of taxes, liens, or mortgages and any attorneys’ fees or service fees for time spent and/or special services rendered.
The Surety shall have the right to transfer and/or assign, in whole or in part, its rights and obligations in this Agreement and/or in the Bond to the Producer or any other person or entity (“Assignee”) without notice to or consent from you.

Subject to any limitations imposed upon the Assignee by the Surety, the Assignee shall have the right to enforce, in any action, proceeding, or otherwise, any of the Surety’s rights herein or arising out of any of the transactions contemplated hereby.

You shall not assert, and expressly waive any right to assert, the claim or defense that the Assignee does not have the right to enforce such rights in any action, proceeding, or otherwise.

If more than one bond is made or has been made for the Defendant, then this Agreement shall extend to and cover all such bonds, and the terms of this Agreement shall apply to each bond individually or as a group.
This Agreement and all documents executed in connection with this Agreement set forth all terms of the agreement between the Surety and you.

All statements, representations, promises, agreements, and affirmations made by the Surety and its producers and employees before or contemporaneously with the execution of this Agreement are contained within this Agreement and, unless specifically set forth herein, are of no force or effect whatsoever in determining the rights and liabilities of the Surety and you.

You further agree to execute and be bound by any other future documents necessary to carry out and effectuate this Agreement.
You acknowledge and agree that neither the Surety nor its Producer has recommended or suggested any specific attorney or firm of attorneys to represent the Defendant in any capacity.
This Agreement may not be terminated or modified orally. All modifications and terminations of this Agreement, including any release of your liability hereunder, must be in writing and signed by the Surety and you.
To the maximum extent permitted by applicable law, you waive any and all rights you may have under federal law, including, but not limited to, the Privacy Act, Freedom of Information Act, and Fair Credit Reporting Act, and any local or state law relating to the Surety’s obtaining information concerning you.

You consent to and authorize the Surety to obtain any and all private or public information and/or records concerning you from any party or agency, private or governmental, whether local, state, or federal, including, but not limited to:
- Credit reports;
- Social Security records;
- Criminal records;
- Civil records;
- Driving records;
- Tax records;
- Telephone records;
- Medical records;
- School records;
- Workers’ compensation records; and
- Employment records.
You further authorize, without reservation, any party or agency, private or governmental, whether local, state, or federal, contacted by the Surety to furnish, in accordance with applicable law, any and all private and public information and records in its possession concerning you to the Surety.

You direct that an electronic or printed copy of this Agreement shall serve as evidence of said authorization.

You irrevocably grant to the Surety and its producers, agents, and representatives the right to enter your residence or other property owned or occupied by you or Defendant, without notice and at any time, for the purpose of locating, arresting, and returning to custody the Defendant.

Subject to applicable law, you waive any and all causes of action in connection therewith, including, without limitation, claims involving trespass and false imprisonment.
You agree that the Surety may attach a location-tracking device to any vehicle owned or driven by you, at any time and without notice, and monitor the location of the vehicle through any available technology.

You further agree that the Surety may use location technologies to locate your wireless device at any time during the period of Defendant’s bail and any applicable remission period. The Bond is conditioned upon your full compliance with the following terms and conditions:
1. The Surety, at its discretion, may use network-based location technologies to locate you;
2. This Agreement is the only notice you will receive regarding the collection of your location information;
3. The Surety will retain location data only while the Bond is in force and during any applicable remission period;
4. The Surety will disclose location information only to the courts as required by court order;
5. The Surety and its licensed producers, designees, and representatives will be the only persons with access to your location information;
6. You will not have the option to opt out of location use during the bail period; and
7. All questions relating to location capability should be directed to the Surety.
If any provision of this Agreement is deemed to exceed any applicable state or federal law, such provision shall automatically be deemed revised to comply with such law so as to provide the Surety with the maximum protection from any loss or liability.

The invalidity or unenforceability of any provision, or portion thereof, shall in no way affect the validity or enforceability of any other provision or portion thereof.
You have not been paid to sign this Agreement. You acknowledge that you have read this Agreement, understand it, and agree to fulfill all provisions contained herein.
Any additional bond conditions communicated in writing by the Surety or Producer and accepted by you shall be incorporated into and made part of this Agreement.

Acknowledgment and Electronic Signature

By checking the acceptance box and electronically signing the Indemnitor Application, you acknowledge and agree that:

You have read, understand, and agree to all terms and conditions contained in this Agreement;
The information provided in your application is true, complete, and correct;
Your electronic signature is intended to have the same force and effect as a handwritten signature; and
You consent to conducting this transaction electronically.