You, the undersigned (referred to herein as “Indemnitor,” “Defendant,” or together as “you,” as applicable), agree to be bound to the following terms and conditions:
1. The premium for the Bond is fully earned upon Defendant’s release from custody. The premium is not refundable except as stated herein or as provided by law. The fact that Defendant may have been improperly arrested, the bail was reduced or Defendant’s case was dismissed shall not obligate the return of any portion of the premium.
2. Defendant agrees to appear in any Court required in connection with the Bond at the times stated in the Bond and all other times as may be ordered by the Court. Indemnitor will have Defendant appear in any Court as required in connection with the Bond.
3. 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. In the event Defendant’s surrender is made prior to Defendant’s failure to appear in court, and for a reason other than as stated in paragraph 4, then you may be entitled to a refund of the bond premium if required by applicable law.
4. Unless otherwise provided by applicable law (if any), the following events shall constitute a breach of your obligations to the Surety, and the Surety shall have the right to immediately apprehend, arrest and surrender Defendant: (a) Defendant departs the jurisdiction of the Court without the prior written consent of the Court and the Surety; (b) Defendant moves from his/her current address without notifying the Surety prior to the move, or Defendant fails to notify Surety of change in address; (c) Defendant commits any act that constitutes reasonable evidence of Defendant’s intention to cause a forfeiture of the Bond; (d) Defendant is arrested and incarcerated for any other offense (other than a minor traffic violation); (e) Defendant or Indemnitor makes any materially false statement in the any application submitted to Surety for the bond, including the Bail Bond Application and Indemnitor Application (“Applications”); (f) Defendant’s bail is increased; (g) Indemnitor requests that Defendant be surrendered; (h) 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 limited to, depreciation or impairment of any real or personal property deposited as security for the Bond (“Collateral,” as defined herein). The defendant may be surrendered without the return of premium for the Bond if the defendant does any of the following: (1) Willfully fails to pay the premium to the Surety or willfully fails to make a premium payment under the agreement specified in G.S. 58-71-167; (2) Changes his or her address without notifying the surety before the address change; (3) Physically hides from the Surety; (4) Leaves the State without permission of the Surety; (5) Violates any order of the court; (6) Fails to disclose information or provides false information regarding any failure to appear in court, any previous felony conviction within the past 10 years or any charges pending in any State or federal court; or (7) Knowingly provides the Surety with incorrect personal identification, or uses a false name or alias.
5. In the event Defendant’s apprehension and surrender is required for any reason, including Defendant’s failure to appear at any of Defendant’s required Court proceedings or hearings, Defendant understands, acknowledges, assumes and accepts that Defendant’s failure to appear and resulting apprehension to custody is an activity that poses a peculiar risk of harm both to the Defendant and to others, including any recovery agent(s), which is beyond and differs from the risks to which members of the public are commonly and generally subjected. Defendant acknowledges and agrees that if Defendant becomes subject to such apprehension and surrender, Defendant is voluntarily participating in the activity of apprehension and recovery such that the risk of harm of such activity is not peculiar to Defendant. Defendant acknowledges and understands the peculiar risk of such activity and Defendant is no longer a member of the general public who cannot anticipate such risk.
6. You shall indemnify the Insurance Company and keep the Insurance Company indemnified and hold it harmless from and against any and all claims, lawsuits, damages, losses, liability, demands and actions (together, “Liabilities”), relating to, or arising out of, Surety’s issuance or procurement of the Bond.
7. Subject to applicable law (if any), within 72 hours after final termination of liability on the Bond, Surety will return the Collateral to you. You may provide evidence of final termination of liability on the Bond by delivering to Surety competent written legal evidence satisfactory to the Surety (for example, written notice from the Court) of the Surety’s discharge or release from all liability under the Bond. Upon the Surety’s request, you shall have executed and delivered to the Surety a general release upon the Surety’s return of the Collateral to you.
8. 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 Bail Producer or any other duly licensed (and if applicable) appointed person or entity (“Assignee”) without notice to or consent from you.
9. You hereby acknowledge and agree that neither the Surety nor Bail Producer has recommended or suggested any specific attorney or firm of attorneys to represent the Defendant in any capacity.
10. This Agreement may not be terminated or modified orally. Any modification and termination of this Agreement, including any release of liability hereunder, must be in writing and signed by the Surety and you.
11. To the maximum extent permitted by applicable law, you hereby waive any and all rights you may have under federal law (including, but not limited to, Title 28, Privacy Act-Freedom of Information Act and Title 6, Fair Credit Reporting Act) and any local or state law relating to Surety obtaining, and you consent to and authorize Surety to obtain, any and all private or public information and/or records concerning you from any party or agency, private or governmental (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, worker compensation records, and employment records. You further authorize, without reservation, any party or agency, private or governmental (local, state or federal) contacted by Surety to furnish to Surety or Bail Producer, in accordance with applicable law, any and all private and public information and records in their possession concerning you to the Surety and direct that a copy of this document shall serve as evidence of said authorization. You irrevocably grant to Surety and Bail Producer, and their duly licensed agents and representatives, the right to enter your residence, or any other property that you occupy, without notice, at any time, for the purpose of locating, arresting, and returning the Defendant to custody.
12. Defendant agrees that Surety may attach a location tracking device on any vehicle owned or driven by Defendant, at any time, without notice, and monitor the location of the vehicle through any available technology. Defendant further agrees that Surety may use location technologies to locate Defendant’s wireless device at any time during the period of the Bond is in force and any applicable Bond remission period, and the Bond is conditioned upon your full compliance with the following terms and conditions: (a) Surety, at its discretion, will use network-based location technologies to find Defendant or the Indemnitor; (b) this is the only notice you will receive for the collection of your location information; (c) Surety will retain location data only while the Bond is in force and during any applicable Bond remission period; (d) Surety will disclose location information only to the Courts as required by Court Order; (e) Surety and Bail Producer, including their agents and representatives, will be the only persons with access to your location information; (f) YOU WILL NOT HAVE THE OPTION TO OPT-OUT OF LOCATION USE OR TRACKING DURING THE PERIOD THE BOND IS IN FORCE AND ANY APPLICABLE BOND REMISSION PERIOD; and (g) all questions relating to location capability should be directed to Surety.
13. If you leave the state in which the Bond was issued, subject to applicable law, Defendant waives any rights to oppose extradition proceedings and consents to the application of such force as may be necessary to return Defendant to Surety and the Court where the Bond was posted.
14. In the event any provision herein shall be deemed to exceed any applicable state or federal law, then such provision shall automatically be deemed to have been revised to comply with such law so as to provide Surety with the maximum protection from any loss or Liabilities. The invalidity or unenforceability of any provision herein (or portion thereof) shall in no way effect the validity or enforceability of any other provision (or portion thereof) of this Agreement. Surety may assign any of its rights herein or arising out of any of the transactions contemplated hereby to any party including, without limitation, any Assignee without notice to or consent from you. Subject to any limitations imposed upon Assignee by Surety, Assignee shall have the right to enforce in any action or proceeding any of Surety’s rights herein or arising out of any of the transactions contemplated hereby, and you shall not, and expressly waives any right to, assert the claim or defense that Assignee does not have the right to enforce such rights in any such action or proceeding.
15. This Agreement and all documents that are executed in connection with this Agreement set forth all the terms of the agreement between the Surety and you. All statements, representations, promises, agreements, and affirmations made by the Surety or Bail Producer, or any representative, employee or agent, thereof prior to or contemporaneously with the execution of this Agreement are contained within this document, and unless they are specifically set forth in this Agreement, 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.