Terms and Conditions
You must agree to continue and utilize the services of the Bail Bond Team
As a client of one of the above companies, you must remain “opted in” to our system alerts which will appear from several numbers including but not limited to the following numbers: (833) 742-2553, (833) 399-8326, (817) 835-9982, (908) 800-2245, (864) 499-2245, (864) 205-6015, (732) 800-2663, (484) 791-2663
By signing your Client Packet, you are confirming you will or have completed any/all of the forms requested by the company to the best of your knowledge and submitted with accurate information. Any information that is falsely provided, could result in a bond revocation. You agree and understand that you will receive email, text messages, telephone calls and/or mail sent to the address that you have listed in the Client Packet. You confirm that is accurate. Thank you for your cooperation.
CREDIT CARD AGREEMENT
The signature(s) below acknowledge that a bond was posted for a fee stated. Said fee shall appear on the credit card statement of the cardholder in the name CUFFLAW, LLC. or SHACKLES, LLC. It is also agreed that the charge will not be disputed. If the charge is disputed, you understand that legal action will be taken against you to recover the monies due, including legal fees incurred by CuffLaw/Shackle Bail Bonds.
COSTS AND EXPENSES - LIQUIDATED DAMAGES - ATTORNEY FEES
Anyone signing a bail bond contract or agreement with this company, hereby acknowledges that, in the event there is a default on payment of any monies due and/or the defendant fails to appear for any court required appearance, the above named company(s) sustains any costs, expenses, losses that may not be readily identified and/or verifiable, collection fees and/or legal/attorney fees, they accept and agree to pay the above named company. As such the undersigned agree that, in the event there is any default in payment of any such sums due hereunder, and such default causes the company to file a legal action lawsuit to collect same, either through the offices of an attorney at law, or otherwise, the undersigned agree to pay an additional sum of Thirty Three and One Third Percent (33 1/3%) of the total amount due or a minimum of Seven Hundred Fifty Dollars ($750.00), whichever is greater, which sum shall be deemed as “Liquidated Damages” representing the aforesaid loss, in addition to such sums as may be otherwise due and owing by reason of such breach.
FUGITIVE FEE STATEMENT
This Fugitive Fee Contract (Contract) is entered into between CuffLaw/Shackle Bail Bonds (Surety) and the undersigned (Indemnitor).
Whereas, the Indemnitor has signed a Client Packet and/or other documents agreeing to be financially responsible to the Surety for, among other things, Defendant’s obligation to appear in court, and whereas, regulations issued by governing Departments of Banking and Insurance, require that a written agreement be entered in order for the Surety to recover Fugitive Fees from Indemnitor(s). Now, therefore, the parties agree as follows:
-The term “Fugitive Fees” means the actual reasonable expenses incurred in the investigation and apprehension of a Fugitive and any filing fees and court-imposed costs related to an application for the remittance of the previously forfeited bond on that Fugitive. The term “Fugitive Fees” does not include the amount of any bail forfeiture assessed by a court and does not include any attorney’s fees incurred by the Surety, but may include filing fees and other court- imposed costs related to an application for remittance of previously forfeited bond.
-The term “Fugitive” means a Defendant (a) who failed to appear in court as required by the court; (b) for whom a bench warrant for arrest has been issued; or (c) whose bail has been forfeited and/or revoked.
-Indemnitor, jointly and severally if more than one, shall indemnify and hold harmless the Surety for all Fugitive Fees resulting from or relating to Surety’s issuance of the Bond; provided, however, that the Fugitive Fees shall notexceed;
-the greater of $1,500.00 or 10% of the amount of the Bond if the Fugitive is apprehended or located while custody within the state of incarceration; or
-the greater of $1,500.00 or 20% of the amount of the Bond if the Fugitive is apprehended or located while in custody outside the state of incarceration.
-Notwithstanding any computation to the contrary made pursuant to 3(a) or 3(b) above, in no event shall Indemnitor’s obligation to pay Fugitive Fees exceed 110% of the face amount of the Bond(s) posted.
-The voucher or other evidence of any payment by the Surety shall be conclusive evidence of such payment against the Indemnitor both as to the propriety thereof and as to the extent of the liability thereof to the Surety. The failure of any obligations set forth in this Contract shall be binding upon the other Indemnitors, if any.
-The rights and obligations set forth in this Contract shall be in addition to and shall supplement the rights of the Surety against the Indemnitor(s) in any other indemnity agreement or contract between the Surety and Indemnitor(s), or as provided by statute or common law. The rights and obligations of the Surety and the Indemnitor(s) with respect to the amount of any bail forfeiture assessed by a court shall be governed by the provisions of the separate Application and/or Agreement between the Surety and the Indemnitor(s).
-The Indemnitor expressly and irrevocably grants the Surety, it’s representatives, agents, and designated independent contractors, the right and authority to enter Indemnitor(s) dwelling, at any time and without notice, in Surety’s efforts to investigate or apprehend the Defendant.
CONSENT TO RE-INCARCERATION
We/I understand and agree that in the event any monies due and owing CuffLaw Bail Bonds or Shackle Bail Bonds in connection with the bail bond written and/or issued by them for the release of the above Defendant, are not paid in the time and manner as agreed upon in writing, CuffLaw Bail Bonds or Shackle Bail Bonds shall have the right to apprehend and take said Defendant into custody and surrender him/her to the custody of the authority from whom said Defendant was bailed. In the event such re-apprehension is necessary, neither the Defendant nor the Indemnitor(s) shall be entitled the return of any monies paid to CuffLaw Bail Bonds or Shackle Bail Bonds for and in connection with the issuance of the said bail bond. Said monies shall be deemed liquidated damages to which CuffLaw Bail Bonds or Shackle Bail Bonds is entitled, to compensate them, for the costs and expenses in connection with services rendered, including but not limited to the
re-apprehension of the Defendant.
HOLD HARMLESS
We/I the undersigned understand that there may be detainer(s) currently placed against the above named Defendant. We/I agree to forgo all rights for any refunds or reimbursements of any premiums paid after the bail bond has been posted for the above named Defendant on the above names case(s). We/I understand that the above named Defendant may not be released from custody and may be transferred to the jurisdiction of the detainer(s). It is understood that the Defendant and Indemnitor(s) agree to hold harmless and waive any/all claims against CuffLaw/Shackle Bail Bonds for any actions, bodily or property damage or litigation that may arise while this bail contract is in effect.
TITLE 28 PRIVACY ACT
I hereby waive any and all rights I may have under Title 28 Privacy Act-Freedom of Information Act, Title 6, Fair Credit Reporting Act, and any such local or State law. I consent to and authorize COMPANY and/or its Agents to obtain any and all private or public information and/or records concerning me from any party or agency, private or governmental (local, State, Federal), including, but not limited to, Social Security records, criminal records, civil records, driving records, telephone records, medical records, school records, workers compensation records, and employment records. I authorize, without reservation, any party or agency, private or governmental (local, State, Federal), contacted by COMPANY and/or its Agent d public information and records in their possession concerning me to COMPANY and/or its Agent.
BAIL BOND CONDITIONS
Every individual utilizing the services of CuffLaw Bail Bonds or Shackle Bail Bonds must follow all conditions listed below.
Failure to comply will result in revocation of any bail bond posted.
1. Attend ALL court dates and advise this office of case status after each appearance.
2. Defendant must surrender any/all passports within 24 hours of release. If a court appearance is missed, then the Defendant must contact this office. In some cases, we may be able to reschedule the date. Failure to contact this office will result in the defendant being considered a fugitive and the case will be assigned to our Fugitive Recovery Unit.
3. It is the defendant’s responsibility to stay in touch with the court and appear at ALL scheduled court dates. The defendant must appear in court each and every time that he/she is scheduled to appear until the bond is released. Failure to appear may result in a warrant for arrest and the forfeiture of the bond.
4. The Defendant is required to check-in before 4:00pm by telephone and/or in person as designated below until his/her case has been disposed of in the court system.
5. The Defendant MUST remain arrest free while bond is active.
6. This office reserves the right to revoke the bond(s) if the Defendant commits any act which shall constitute reasonable evidence of the defendant’s intention to cause a forfeiture of the bond. This office reserves the right to revoke the bond(s) if the defendant makes any false statements in the application for appearance bond.
7. The Defendant must notify this office of any change of address and/or telephone number.
8. The Indemnitor must notify this office if the Defendant is re-incarcerated or is sentenced on a case for which the Indemnitor has signed.
9. The Defendant must notify this office if he/she retains an attorney.
10.It is the responsibility of BOTH the Indemnitor and the Defendant to pay any premium balance due regardless if the Defendant becomes re-incarcerated, passes away or case is dismissed/discharged. Payments are due on the designated due date. Any account with an outstanding premium balance on the final disposition date of the case, must be paid in full on the next payment due date pursuant to conatract terms. Payments are due by 4:00pm on the designated payment dates. Past due payments will accrue $5.00 daily charge onto balance of account.
11. The Defendant will not be permitted to leave the state of incarceration, OR COUNTRY except for residing in another state or a reason to be approved by this office.
12. The Defendant and Indemnitor(s) understand that the Defendant is subject to random visits at home or work and random property searches by an agent of this office, Law Enforcement, the insurance company, and any person under their employment.
13. If the Defendant fails to appear and/or is placed in custody in any other jurisdiction, he/she waives any/all extradition laws and proceedings for that State or Country. The Defendant agrees to return to the demanding jurisdiction voluntarily with an agent/employee of this office, Law Enforcement, the insurance company, and any person under their employment.
14. The Premium (10% of the bond), unless otherwise specified, the amount that you pay, is NON-REFUNDABLE.
15. This office, the Surety or the court may require GPS monitoring as a further condition of the bail bond. Any violation of the conditions of such monitoring is deemed as a breach of the bail bond. GPS Monitoring is at the expense of the Defendant and the Indemnitor.
16. I understand and agree that if legal action is brought concerning this contract, it shall be brought in a court selected by the surety only. It is understood and agreed that I may never include this office in any bankruptcy petition that I may file.
This office reserves the right to apply with the court where the bond was posted, to have the bond revoked and/or request a warrant to be issued for the Defendant’s arrest. If the Defendant misses a scheduled court date, hearing or fine payment, the Indemnitor and the Defendant will be responsible for any and all costs incurred by this office for the re- arrest or voluntary surrender to this office or any arresting authority. Collateral will not be returned unless a certified copy of the bond discharge or exoneration is provided to this office. It is understood that these conditions DO NOT supersede any terms and conditions that may be imposed by the court. These conditions are supplements to the court’s conditions. If the terms and conditions of this agreement are violated, the judge has the right to grant an immediate bond revocation. At any time, the “Conditions of Release” are violated, this office may apply for bond revocation without counsel. The judge may grant immediate bond revocation whether the defendant is in custody or the judge may issue warrant without forfeiture as a result of direct violation of the terms and conditions. (If bond has not already been forfeited) It is understood and agreed that in the event the Defendant violates any of the condition of the bail bond posted by this office or it’s agents, at their sole discretion, I give express permission to have the bail bond immediately revoked by the Court and the bond returned to the surety. I understand that I am hereby waiving any rights to prior notice, counsel, and/or PreTrial Services intervention. I understand that I have the right to have my attorney review any conditions of this Bail Bond Agreement and any of the statements I make herein.
*This office reserves the right to modify the terms and conditions at any time prior to final disposition of any bail bond posted on behalf of the Defendant listed in the client packet. *YOU ARE RESPONSIBLE FOR ANY/ALL COSTS AND EXPENSES THAT MAY BE INCURRED BY THIS OFFICE.