1. The person who sign this contract and note below as Principal(s) and as Indemnitors ask AAbout Time Bonding Company, (hereinafter) referred to as ATB) to post its corporate bail bond with the Court before which the principal is required to appear to guarantee the appearance of the Principal for each and every hearing which the Court requires of the Principal. In consideration for ATB posting its appearance bond in the amount of $ *
For the Principal, the Principal and each Indemnitor agree to the following terms:
a) The Principal and each Indemnitor agree that the Principal shall appear at and remain until excused by the Court at each and every hearing of any Court before which the Principal is required to appear. The Principal and each Indemnitor remain liable for the entire unpaid bond premium and all costs associated with making the bond until ATB has been paid in full. The liability to ATB of the Principal and each of Indemnitor shall not be discharged until ATB has been paid in full the principal or face amount of the bond and/or the Court to which the bond has been made discharges ATB from liability on the bond without payment by ATB of any sort of forfeiture. ATB is not responsible for payment of the Principal’s court costs or fines. ATB cannot and does not guarantee the Principal’s payments to the court.
b) If the Principal does not appear and remain until excused by the Court for each and every such hearing, then the Principal and each Indemnitor shall each and severally be liable to pay the full face amount of any such bond plus the expense incurred to apprehend the Principal and to return him to Court – which expenses may exceed the face amount of the bail bond – plus reasonable attorney’s fees which shall be at least one-third of the face amount of the bond plus expenses incurred plus court costs taxed both by the Court before which the Principal should have appeared and those taxed by any other Court as a consequence of the Principal’s failure to appear as required. If the Principal does not appear and remain until excused by the Court for each and every such hearing the ABT may, in its sole and unfettered discretion, require the Principal and each Indemnitor to pay to ATB the full face amount of the bond plus an amount sufficient in the opinion of ATB to offset such expenses it may have to incur to end its liability to the Court to which it has pledged its corporate bond on behalf of the Principal.
c) If the bond premium is not paid as agreed, or if the Principal shall not appear as required by the Court to which the bond has been made, or if the Principal or any Indemnitor shall default in any way keeping the terms of this contract, then the Principal and each Indemnitor agree that the indebtedness of this contract an note shall become due and payable at once and without notice. If ATB reasonably deems itself insecure as to the ability of the Principal or any Indemnitor to observe and perform the terms and conditions of this contract and note or any other obligation of the Principal or any Indemnitor whether now existing or hereafter arising, and Principal shall fail within 5 days after receipt of written notice mailed to the Principal’s address from ATB specifying the insecurity, to provide to ATB evidence satisfactory to ATB of the Principal’s or of the Indemnitor’s ability to fulfill and perform his or her existing and outstanding obligations to ATB, then ABT may, at its option, demand payment in full of all outstanding obligations under this contract and note. Failure of ATB to exercise any remedy for an event of default hereunder or breach hereof shall not constitute a waiver on the part of ATB of the right to exercise the same in the event of any subsequent default or breach.
d) No right or remedy herein conferred upon ATB is intended to be exclusive of any other right or remedy contained in this contract and note, and every such tight or remedy shall be cumulative and shall be in addition to every other such right or remedy contained herein and therein or now or hereafter existing at law or in equity or by statute, or otherwise. The Principal and the Indemnitors severally waive presentment hereof for payment, protest and notice of non-payment. All notices shall be sent to the address of the parties as given on the application unless written notice to the contrary shall have been received by and receipted by ATB. In any event, if a conditional or final forfeiture order concerning this bond is served on ATB this note shall be due and payable immediately. Upon default of payment of this contract and note, the Principal and Indemnitors agree to pay all costs of collection, including but not limited to reasonable attorney fees of one-third if this note is collected by or through an attorney at law, plus any and all expenses incurred as a result of the final bond forfeiture and those expenses incurred in seeking and or apprehending the principal.
2. ATB as bail, shall have control and jurisdiction over the principal during the term for which the bond is executed and shall have the right to apprehend, arrest, and surrender the principal to the proper officials at any time as provided by law.
3. It is understood and agreed that the occurrence of any one of the following events shall constitute a violation of this contract between ATB, the Principal, and any Indemnitors:
a) If the Principal shall depart the jurisdiction of the court without the consent in writing of ATB.
b) If the Principal shall move from one address to another without notifying ATB in writing of the Principal’s new address.
c) If the Principal shall commit any act which shall constitute reasonable evidence of principal’s intention to cause a forfeiture of said bond.
d) If the Principal shall make any false statement in the application.
e) If the Principal shall be incarcerated on another charge while under this bond.
f) It is imperative that you contact us within forty-eight (48) hours with any change in personal information; otherwise you will be in breach of contract.
g) Other conditions: All defendants must call every Friday to check in until all charges have been released/exonerated (615) 594-3960.
4. The signature of the Principal below is agreed by the Principal and by each Indemnitor to be conclusive evidence of their agreement that no monies paid by him or her or by his or her agents acting on his or her behalf for this bond will be returned for any reason. The Indemnitors agree that their liability under this contract and note shall not be diminished in any fashion because of any failure by ATB to protect their interests under this contract. Each Indemnitor acknowledges that he or she is responsible to inform ATB of the location of the Principal at any time, but each acknowledges that even if a Indemnitor cooperates fully with ATB each Indemnitor remains fully liable under this contract and note until ATB is discharged from responsibility on this bond without payment of forfeiture.
5. The Principal and each Indemnitor acknowledge and agree that each is jointly and severally indebted to ATB for the bond premium in the amount of $ , to be paid in payments of $ each, to be paid on the of each month, and that ATB may have principal incarcerated in the event this obligation is not paid when due, or ATB in its option, may consider such default requires the immediate payments in full of all amounts due and owing both of bond premium and bond principal with all costs or any other remedy allowed by this contract, including those allowed by paragraph 1. (d). above. Failure to pay any part of the obligation owed ATB shall violate the contract between the parties.
6. The Principal and each Indemnitor hereby authorizes any agent or officer of ATB bearing this release, or any copy thereof, to obtain any information from any physician, psychiatrist, psychologist, hospital, clinic, or other medical institution: from any local, state, or federal governmental body including but not limited to the Department of Human Services, the Social Security Administration. The U.S. Postal Service, any part of the Department of Defense, from any public utility including telephone records from local and long distance carriers, from any employer, from any banking or credit granting company or institution, credit card company, credit bureau or from any academic institution. Principal and Indemnitor hereby give full permission and direct those to whom this contract and note are presented to release such information to ATB upon request. The Principal and each Indemnitor consent to ATB’s furnishing such information as it may obtain to third parties during the term of this contract. Neither ATB nor any person to whom it release such information shall be obligated to keep such information confidential. The Principal and each Indemnitor hereby release the custodian(s) of such records and any school, college, university, hospital or other medical repository, credit bureau, lending agency, consumer reporting agency, retail establishments, or other governmental or private agency, including its officers, employees, or related personnel both individually and collectively, from any and all liabilities resulting from compliance or attempts to comply with this authorization and request to release information. The Principal and each Indemnitor expressly agrees that ATB may perform credit checks on any or all of them.
7. The terms of this agreement are governed by the laws of the state of Tennessee. The parties agree in the sole option of ATB the venue for enforcement of any liability under this contract may be in the county in which the bond was written or in Davidson County, Tennessee.