Surety Bail Bond Agreement at a glance
What it is: The Surety Bail Bond Agreement of American Contractors Indemnity Company: the undersigned, called First Party, make application to Second Party for execution of a Bail Bond.
Who signs: The DEFENDANT signs on the DEFENDANT SIGNATURE line; each INDEMNITOR signs on the SIGNATURE line.
A filled-in Surety Bail Bond Agreement example: a defendant and an indemnitor sign
How to fill out Surety Bail Bond Agreement, box by box
Bond #, Second Party, penal amount, principal and premium per annum
Enter the Bond #.
The undersigned, called First Party, make application to Second Party, so write the Second Party on the line after "make application to".
Write the penal amount on the line after "referred to as Bail Bond in the penal amount of $".
Write the principal on the line after "for" and before "called principal; and in consideration".
FIRST: First Party does jointly and severally agree to pay Second Party $ per annum for this Bail Bond; write that amount on the line after "FIRST: To pay Second Party $".
This day of, 20 and set my hand
Fill in "This ... day of ... , 20 ... set my hand."
Defendant: signature, name, address, city and zip
The DEFENDANT signs on the DEFENDANT SIGNATURE line, then prints or types the DEFENDANT NAME and fills in the ADDRESS, CITY and ZIP.
IN WITNESS WHEREOF, the First Party whose names are subscribed to the Bail Agreement executed herewith each represents: I have read the Bail Agreement and I know the contents thereof; that I hereby acknowledge receipt of a copy of said Bail Agreement.
Each represents that the property, whether real or personal, which is set forth in the Application for Bail is my property and that I own such property free and clear of all liens or encumbrances except as so noted, and I further promise not to transfer or encumber any of said property until my liability on said Bail Agreement has been released.
Indemnitor: signature, name, address, phone, D.L. #, S.S.# and D.O.B.
Each INDEMNITOR signs on the SIGNATURE line, prints or types the NAME, and fills in the ADDRESS, CITY, ZIP, PHONE, D.L. #, S.S.# and D.O.B.
More rules for Surety Bail Bond Agreement
The premium is fully earned upon the release of Principal, and the fact that Defendant may have been improperly arrested, or his bail reduced or his case dismissed, shall not obligate the return of any portion of said premium.
This Bond is renewable each year. First Party agrees to pay to Second Party a renewal premium in the amount stated in FIRST, twelve months after the date on which this Bond was executed. If said renewal premium is not paid upon written demand therefore, Second Party or Surety has the right to surrender Principal, as provided in the California Penal Code, Section 1300, and exonerate the Bond.
SECOND: First Party agrees to reimburse Second Party and Surety for actual expenses incurred by Second Party or Surety in connection with the arranging and/or execution of Bail Bond or renewal or substitution thereof whether or not said Principal refuses to be released after arrangements have been initiated by Second Party, in accordance with the regulations of the Insurance Commissioner in effect at the time such expenses are incurred.
THIRD: First Party agrees to reimburse Second Party and Surety for actual expenses incurred and caused by a breach by the Principal of any of the terms for which the application and Bail Bond were written not in excess of the penal amount of the Bail Bond. However, no expenses or liabilities incurred for recapturing or returning Principal to custody shall be chargeable after the entry of Summary Judgment.
FIFTH: First Party agrees to pay Second Party or Surety as collateral upon demand the penal amount of Bail Bond whenever Second Party or Surety, as a result of Information concealed or misrepresented by the First Party or Principal or other reasonable cause, any one of which was material to hazard assumed, deems payment necessary to protect the Second Party or Surety hereunder.
SIXTH: First Party agrees to pay to the Second Party or the Surety immediately upon the declaration of forfeiture of said Bail Bond the penal amount thereof.
EIGHTH: All money or other property which the First Party has deposited or may deposit with the Second Party or the Surety may be applied as collateral security or indemnity for matters contained herein. If collateral received by Second Party is in excess of the bail forfeited, such excess shall be returned to the depositor immediately upon the application of the collateral to the forfeiture, subject to any claim of Second Party and Surety for unpaid premium or the hereinabove charges.
NINTH: Second Party or Surety shall not surrender Principal to custody prior to the time specified in the Bail Bond for the appearance of the Principal, or prior to any other occasion when the presence of the Principal in court is lawfully required, without returning all premium paid therefore, unless as a result of judicial action, information concealed or misrepresented by the Principal, or other reasonable cause, any one of which was material to the hazard assumed, the hazard was substantially increased and the additional premium, if any, for such increased hazard was not paid within a reasonable time.
TENTH: The obligations hereunder are joint and several and any amounts due shall bear interest at the maximum rate of interest allowed by law.
ELEVENTH: The First Party agrees to advise Second Party or Surety of any change, including but not limited to change of address, telephone number or employment of either the Principal or of any of the First Party, or any other material change in circumstances, within forty-eight (48) hours after knowledge such change shall have occurred, and the First Party agrees that any failure to so notify shall be reasonable cause for the immediate surrender of the Principal.
TWELFTH: The undersigned agree that these obligations apply to all other Bail Bonds executed for the same charge for which the Bail Bond mentioned was executed, or any charge arising out of the same transaction, regardless of whether said Bail Bonds are filed before or after conviction, but not in a greater amount.
THIRTEENTH: The surety or its representatives shall have the right to examine the credit history, department of motor vehicle records, employment history, books and records of the undersigned or the assets covered by the bond, or the assets pledged as collateral for the bond.
Sources
[1] Surety Bail Bond Agreement ACIC-CD-6A (Rev. 6/04), American Contractors Indemnity Company (the served file; no issuer file found) (the Official source link on this page).
