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IMMIGRATION BOND INDEMNITY AGREEMENT
This AGREEMENT made between the undersigned’s
[hereinafter called INDEMNITOR(S)] and________________________________________________ [hereinafter called
PRINCIPAL/ALIEN/INDEMNITOR], ________________________________________ [hereinafter called COMPANY]
and
STATEWIDE BONDING, INC. [hereinafter called BONDSMAN]. For the purpose of posting an immigration
bond.
WHEREAS, the COMPANY through its BONDSMAN intend to or has executed an Immigration bond(s) on/for the
PRINCIPAL at the request of the INDEMNITOR(S), and upon the security hereof, shall become SURETY on an immigration
bond In the sum of Dollars ($ )
by its certain bond or undertaking, a copy of which is attached hereto and made a part hereof.
WHEREAS, INDEMNITOR and PRINCIPAL shall be jointly and severally responsible for all obligations contained
herein and for any and all obligations contained within the bond documents package executed for the purpose of inducing
BONDSMAN to underwrite an Immigration Bond for PRINCIPAL’S release from detention.
NOW THEREFORE, in consideration of the execution by the COMPANY and/or BONDSMAN of such bond or
undertaking, the PRINCIPAL/ALIEN and INDEMNITOR(S) covenant(s) and agree(s) with the COMPANY and/or
BONDSMAN as follows:
1. The INDEMNITOR(S) will pay the BONDSMAN a premium(s) in the amount of ($ ).
Premium charged is: Final Amount
Per Annum Charge
2. ELECTRONIC MONITORING (EM DEVICE). Parties acknowledge, as a condition of release and intent to execute
Immigration bond(s) on behalf of PRINCIPAL/ALIEN, that he/she/they voluntarily agree to wear an EM DEVICE at the
inception of the bond and until the terms and conditions set forth in the Electronic Monitoring Addendum (attached and
included herein by reference) are met. BONDSMAN shall be the sole decision maker for the requirement of said EM
DEVICE, signified by selecting from the below options:
EM DEVICE required:
EM D
EVICE required
NO EM DE
VICE required
3. That t
he INDEMNITOR(S) will have the aforesaid PRINCIPAL/ALIEN forthcoming before the court named in said
bond, attached hereto, or Government Official, at the time therein fixed, and from day to day and term to term thereafter,
as may be ordered by the said immigration court, U.S. Department of Homeland Security, ICE center and/or Customs
official.
4. That the INDEMNITOR(S) will at all times indemnify and hold COMPANY and/or BONDSMAN, harmless from and
against every and all claims, demands, liability, cost, charge, counsel fee, expense, suit order, judgment or adjudication
whatsoever which the said COMPANY and/or BONDSMAN shall or may for any cause at any time sustain or incur by
reason or in consequence of the said COMPANY and/or BONDSMAN having executed said bond or undertaking, will upon
demand, place with the said COMPANY and/or BONDSMAN funds to meet every claim, demand, liability, cost, interest,
charge, counsel fees including: defense, class action and bankruptcy attorney’s fee, expenses, collection fee, investigative
fee, apprehension fee, transport fee, surrender fee, suit order, sheriff fee, breach, judgment, or adjudication against it, by
reason of such Suretyship, and before COMPANY and/or BONDSMAN shall be required to pay the same.
5. The condition of said Indemnity Agreement provides that as long as there is any liability or loss of any nature whatsoever
to the COMPANY and/or BONDSMAN upon the bond referred to herein, the INDEMNITOR(S) will not make any transfer,
or any attempted transfer of any of the property, real or personal given as security or which the INDEMNITOR(S) may
subsequently acquire or any interest therein, and it is further agreed that the COMPANY and/or BONDSMAN shall have a
lien upon all property of the INDEMNITOR(S) for any sums due it for which it has become, or may become, liable by reason
of its having executed the bond referred to herein. A Blanket Power of Attorney is given to the COMPANY and/or
BONDSMAN and each are authorized to sign whatever legal forms or documents on my / our behalf that are required to
fulfill the securing of a lien(s) on any and all my property(s) including but not limited to real property, vacant land, vehicles,
boats, planes, stock certificates / accounts, bank accounts or other assets of value.
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6. The notice of any bond breach including, NOTICE-IMMIGRATION BOND BREACHED form I-323, bond forfeiture
notice, voucher or any other evidence of any payment made by the said COMPANY and/or BONDSMAN, by reason of such
Suretyship, shall be conclusive evidence of such payment against the INDEMNITOR(S) and the INDEMNITOR’S estate
both as to the property thereof and as to the extent of the liability thereof to the said COMPANY and/or BONDSMAN plus
cost, if any.
NOTE: a facsimile copy of this agreement and electronic signature(s) on this agreement is considered as
if an original for court action.
7. That the said COMPANY and/or BONDSMAN, may withdraw from its Suretyship upon said Immigration bond or
undertaking at anytime that it may see fit, as provided for by law or upon any default of said bond agreement(s).
8. That the Agreement shall not be returned by the said COMPANY and/or BONDSMAN, at the time it shall be satisfied
of the termination of its liability under said bond or obligation by evidence of a NOTICE-IMMIGRATION BOND
CANCELLED form I-391, but shall be retained. It is the responsibility of the INDEMNITOR(S) to know of all upcoming
Immigration and Naturalization hearing dates and times, also to make certain the above said bonded PRINCIPAL/ALIEN
attends each hearing on time, each and every time required.
9. That the failure of any of the INDEMNITOR(S) to comply with the provisions of this Indemnity Agreement shall be
binding upon the others, that is, joint and several upon all INDEMNITOR(S).
10. Should the PRINCIPAL/ALIEN breach/forfeit bond or become a flight risk at any time (as determined by the
COMPANY and/or BONDSMAN) and the COMPANY and/or BONDSMAN be required to locate, arrest and surrender
said PRINCIPAL/ALIEN, the INDEMNITOR(S) jointly and severally hereby waive his/her right with respect to Title 28
Privacy Act - Freedom of Information Act, Title 6, Fair Credit Reporting Act. The INDEMNITOR(S) specifically agree and
authorize the use of his/her credit report, criminal history report, civil history report and any background checks to gather
any information and acknowledges that the COMPANY and/or BONDSMAN may use whatever means necessary to secure
the bonded PRINCIPAL’S/ALIEN’S return to the proper court jurisdiction, and acknowledges that the use of force, when
necessary, may be used to effect such return. The INDEMNITOR(S) jointly and severally agree and authorize the use of
copies of this document by the COMPANY and/or BONDSMAN and any duly authorized representatives to affect such
apprehension and return.
11. The INDEMNITOR(S) and PRINCIPAL/ALIEN waive any rights to claim entitlement to any interest, wherein provided
by law, which may be earned, or which is earned by the deposited collateral, and further agrees to permit the COMPANY
and/or BONDSMAN to deposit said funds into an account with other such funds.
12. The INDEMNITOR(S) and PRINCIPAL/ALIEN acknowledge responsibility to reimburse the COMPANY and/or
BONDSMAN for related expenses included but not limited to title search or title policy, property report, recording fees,
notary fees, messenger fees, overnight or certified mailing fees, credit report fees, criminal history report fees, civil history
report fees, background check fees and any investigative fees which is not included in the premium charged by the
COMPANY and/or BONDSMAN for the posting of the said immigration bond.
13. If any provision or provisions of this instrument is void or unenforceable under the laws of any place governing its
construction or enforcement, this instrument shall not be void and vitiated thereby but shall be construed and endorsed with
the same effect as though such provision or provisions were omitted.
14. The INDEMNITOR(S) and PRINCIPAL/ALIEN agrees that he/she or they have made true and accurate disclosures on
all of the applications related to this immigration bond and further agrees to keep the COMPANY and/or BONDSMAN
current regarding the name and place of employment, telephone number of place of employment and residential address and
provide notice of any change of place of employment, telephone number of employment and residential address, or any other
material change which may increase the risk of a breach/forfeiture to the COMPANY and/or BONDSMAN within forty-
eight (48) hours of any changes. Any failure to notify the COMPANY and/or BONDSMAN of any material changes,
whether or not the change may cause or contribute to any loss to the COMPANY and/or BONDSMAN, will be deemed a
breach of this agreement.
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15. In the event of any breach of this Indemnity Agreement, the parties agree that the applicable Law, Venue and Forum of
any shall, at the discretion of Company and/or BONDSMAN, to be held in, and the Agreement shall be interpreted in
accordance with, the laws of the home State where COMPANY is based, or of the BONDSMAN’S home State. The parties
hereto do hereby consent and stipulate to the jurisdiction (at the discretion of COMPANY and/or BONDSMAN) of the
courts of the COMPANY’S home State or of the BONDSMAN’S home State for any litigation or action brought under this
Agreement. The INDEMNITOR(S) and PRINCIPAL/ALIEN will indemnify and hold harmless COMPANY and/or
BONDSMAN from costs and fees described herein and any others that are resultant of COMPANY'S or BONDSMAN'S
execution of bond, any and all fees and costs which may be collected from the INDEMITOR(S) and/or PRINCIPAL/ALIEN
or from any collateral that may be held if necessary.
16. INDEMNITOR(S), hereby authorize any person, agency, partnership, or corporation having any information concerning
my character and financial reputation to release such information to COMPANY, BONDSMAN and/or their representatives.
I hereby release such person, agency, partnership, or corporation from liability that may be incurred in releasing this
information to COMPANY and/or BONDSMAN. For good and valuable consideration, the INDEMNITOR(S) and
PRINCIPAL/ALIEN agree to indemnify and hold harmless COMPANY and/or BONDSMAN from all losses not otherwise
prohibited by law or by rules of the Department of Insurance. I/We have fully read and understood all of the above.
PLEASE READ BEFORE SIGNING YOU ARE ASSUMING CERTAIN LEGAL OBLIGATIONS.
IN WITNESS WHEREOF, the Indemnitor(s) have duly executed these presents this day of , 20
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Indemnitor Signature Indemnitor Signature
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Indemnitor Signature
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Principal/Alien Signature
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STATE OF:
COUNTY OR CITY OF:
On this day of , 20 before me a Notary,
personally appeared Personally
known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
within this instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies),
and that by his/her/their signature(s) on the instrument is the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal Notary Public:
Notary Registration No.:
My commission expires:
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PROMISORY NOTE
Amount: $
On this date: day of , 20 ,
DUE: ON DEMAND FOR VALUE RECEIVED, That the undersigned(s)
[hereinafter called Indemnitor(s)], hereby promises to pay to the order of Statewide Bonding, Inc. [hereinafter called
Bondsman] and/or [hereinafter called Company], the sum of $ ,
plus interest thereon at eighteen (18%) percent per annum from Call Date until fully paid. The Indemnitor(s) and endorser(s)
of this Note agree to waive demand, notice of non-payment and protest, and in case of a suit shall be brought for the collection
hereof, or the same has to be collected upon demand of an attorney, to pay reasonable attorney’s fees and assessable costs,
for the making of such collection.
This Note is being used to guarantee an immigration bond(s), Power Number
for [hereinafter called Principal/Alien/Indemnitor] who case
identification number A- in the matter of now before the Immigration and Naturalization
Service/United States Department of Homeland Security VS. Principal/Alien. This Note is secured by Cash.
It is further agreed and specifically understood that this Note shall become null and void in the event the said
Principal/Alien appears in the court named in said immigration bond and/or Department of Homeland Security (DHS),
Immigration and Custom Enforcement (ICE) hearing office each time or times and places so ordered, until the obligation
under the immigration bond(s) posted on behalf of the Principal have been fulfilled and the Bondsman and/or Company is
fully discharged of all liability by receiving an INS I-391 Notice-Immigration Bond Cancelled form in writing thereunder,
otherwise this Note remain in full force and effect.
The Immigration Bond(s) in this matter are good until the case has been adjudicated, closed and the Immigration
Bond(s) herein canceled by Federal Court or by INS I-391 Notice-Immigration Bond Cancelled form. The Immigration
Bond(s) may not be revoked or canceled except by the Bondsman and/or Company or by Immigration and Naturalization
Service/Department of Homeland Security (DHS) and Immigration and Custom Enforcement (ICE). In the event the
Immigration Bond(s) remains active for more than one (1) calendar year and a per annum premium of
$ was charged, said premium shall be due and payable on the anniversary of the date of the
execution of said Immigration Bond(s).
Applicable Law, Venue, and Forum for any controversy, dispute or claims arising out of this Agreement, other
than judicial or non-judicial foreclosure on real property or other collateral, shall at the discretion of COMPANY and/or
BONDSMAN, be held in, and the Agreement shall be interpreted in accordance with, the laws of the COMPANY’S home
State, where COMPANY is based or of the BONDSMAN’S home State. The parties hereto hereby consent and stipulate to
the jurisdiction (at the discretion of the COMPANY and/or BONDSMAN) of the courts of the COMPANY’S home State
or of the BONDSMAN’S home State for any action brought under this Agreement. In the event that any litigation or other
proceedings arise out of or relates to this agreement, the Bondsman and/or Company shall be entitled to reasonable attorney’s
fees, cost and expenses from the Indemnitor(s).
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ndemnitor Indemnitor
Indemnitor
Principal / Alien / Indemnitor
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ADDITIONAL TERMS AND CONDITIONS
COLLATERAL PAYMENT
1. INDEMNITOR(S) and/or PRINCIPAL/ALIEN agrees to deposit with COMPANY and/or BONDSMAN an
amount of money to be applied towards any claims made against COMPANY and/or BONDSMAN on the immigration
bond(s) posted on behalf of the PRINCIPAL/ALIEN named in the Indemnity agreement.
2. The money that is deposited hereinafter shall be known as COLLATERAL. INDEMNITOR(S) and/or
PRINCIPAL/ALIEN agrees to deposit $ ______________________ U.S. dollars, in full or installments (the COLLATERAL
REQUIREMENT), to be held as COLLATERAL against any claims made against COMPANY and/or BONDSMAN.
3. As of this day of 20 the INDEMNITOR(S) and/or PRINCIPAL/ALIEN
made a deposit of $ towards the agreed COLLATERAL REQUIREMENT that is to be deposited with
COMPANY and/or BONDSMAN and we'll make monthly installments of $ , with the first
payment to be made on the day of 20 , and subsequent payments to be made every thirty
(30) days thereafter until the FULL FACE AMOUNT OF THE IMMIGRATION BOND(S) has been deposited with the
COMPANY and/or BONDSMAN, no more COLLATERAL PAYMENTS need to be made, unless for whatever reason,
the amount of COLLATERAL decreases to less than the FULL FACE AMOUNT OF THE IMMIGRATION BOND(S), in
which case INDEMNITOR(S) and/or PRINCIPAL/ALIEN must continue making COLLATERAL PAYMENTS until the
amount deposited reaches the FULL FACE AMOUNT OF THE IMMIGRATION BOND(S). If the deadline to pay falls on a
weekend or holiday (hereinafter the “event”), payment shall be due the next business day following the event to avoid incurring
a LATE CHARGE and/or VIOLATING THIS AGREEMENT.
4. INDEMNITOR(S) and/or PRINCIPAL/ALIEN understand and agree that each depositor (also known as
INDEMNITOR(S) and/or PRINCIPAL/ALIEN) will be entitled to return of said funds remaining in said COLLATERAL, once
all of the following are met:
A. PRINCIPAL’S/ALIEN’S Immigration Bond(s) is not breached.
B. PRINCIPAL’S/ALIEN’S Immigration Bond(s) is cancelled by the Department of Homeland Security
(DHS) Immigration and Custom Enforcement (ICE) via INS I-391 Notice-Immigration Bond Cancelled form.
C. COMPANY and/or BONDSMAN is presented with all the original receipts for COLLATERAL which
was deposited with COMPANY and/or BONDSMAN.
D. INDEMNITOR(S) and/or PRINCIPAL/ALIEN have complied with this AGREEMENT and all other
AGREEMENTS making up the bond documents package, including the INDEMNITY
AGREEMENT.
5. INDEMNITOR(S) and/or PRINCIPAL/ALIEN understands and agrees that the amount of COLLATERAL
returned pursuant to paragraph 4 section (A thru D) will depend on, among other things, any fees being withdrawn from
COLLATERAL as described in this agreement or otherwise agreed.
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COLLATERAL LATE PAYMENT FEE
6. INDEMNITOR(S) and/or PRINCIPAL/ALIEN understands and agrees that there are no exceptions to the
deadlines for COLLATERAL payment described in paragraph 3. COMPANY and/or BONDSMAN will charge a $25.00 late
fee each and every time that a COLLATERAL payment is late as described in paragraph 3. Late fees shall accrue and
subsequent payments will be applied to any outstanding late fee balance first.
RENEWAL OF PREMIUM
7. The INDEMNITOR(S) and/or PRINCIPAL/ALIEN agrees to pay COMPANY and/or BONDSMAN annually
a RENEWAL of PREMIUM FEE in the amount of $ , if applicable, on the anniversary
date of every year that the Immigration Bond(s) is in force. If the fee is due and not paid by the INDEMNITOR(S) and/or
PRINCIPAL/ALIEN by the anniversary date of the Immigration Bond(s), the COMPANY and/or BONDSMAN will
automatically withdraw the RENEWAL PREMIUM from the COLLATERAL.
ACCELERATION
8. INDEMNITOR(S) and/or PRINCIPAL/ALIEN agrees that time is of the essence in this AGREEMENT,
INDEMNITY AGREEMENT and other in the bond document package, that in the event of default in any payment in the
aforementioned agreements, the COMPANY and/or BONDSMAN may declare the entire amount of the balance owed on
any unpaid balance due on the entire Immigration Bond(s), unpaid COLLATERAL and/or unpaid PREMIUM immediately
DUE ON DEMAND and payable without notice. Failure to exercise the acceleration option will not constitute a waiver by
COMPANY and/or BONDSMAN of the right to exercise an acceleration option in the future. The entire balance owed is
not limited to any delinquent amount or amount in arrears; it includes the entire balance due on the Immigration Bond(s).
COST OF COLLECTION
9. INDEMNITOR(S) and/or PRINCIPAL/ALIEN, jointly and severally agrees to pay all cost of collection, to
include without limitation, reasonable attorney’s fees, whether or not suit is brought, together with all court costs, and cost
and expenses of private investigators or expert witnesses, travel and transportation cost and all other costs and expense
reasonably incurred in the investigation, collection or prosecution of such suit.
REPORTING REQUIREMENTS
10. COMPANY and/or BONDSMAN may at any time notify and/or request for any reason PRINCIPAL and/or
INDEMNITOR(S) to appear at BONDSMAN’S local office located at ________________________________________
PRINCIPAL/ALIEN and/or INDEMNITOR(S) agree to report immediately in compliance with any such requests.
11. PRINCIPAL/ALIEN and/or INDEMNITOR(S) must report to COMPANY and/or BONDSMAN local
office at least once every thirty (30) days commencing the day of , 20 .
PMPRINCIPAL/ALIEN and/or INDEMNITOR(S) must report between the hours of ____ : ____ AM and
_____ : _____ AM PM Monday thru Friday. If the 30
th
day falls on a weekend or holiday, The PRINCIPAL/
ALIEN and/or
INDEMNITOR(S) will report the very next business day to avoid violating this paragraph and
any other
paragraph or
section of this agreement.
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12. PRINCIPAL/ALIEN and/or INDEMNITOR(S) must report immediately to COMPANY and/or
BONDSMAN by phone or by appearing in person of any change or condition in:
I. PRINCIPAL’S and/or INDEMNITOR(S) breach of any bond agreement;
II. PRINCIPAL’S and/or INDEMNITOR(S) address:
III. PRINCIPAL’S and/or INDEMNITOR(S) telephone number;
IV. PRINCIPAL’S and/or INDEMNITOR(S) employment;
V. PRINCIPAL’S and/or INDEMNITOR(S) attorney;
VI. PRINCIPAL’S and/or INDEMNITOR(S) case status;
VII. PRINCIPAL’S and/or INDEMNITOR(S) Immigration status; and
VIII. PRINCIPAL’S and/or INDEMNITOR(S) departure from the United States of America.
13. PRINCIPAL/ALIEN must not move from ,
even temporarily, without prior written approval from COMPANY and/or BONDSMAN prior to said move.
14. PRINCIPAL/ALIEN and/or INDEMNITOR(S) understand and agree with the terms and conditions of
this Agreement and the Indemnity and may be executed in one or more counterparts and shall be considered as original for
any court action.
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Indemnitor Signature
Indemnitor Signature
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Indemnitor Signature
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Principal/Alien Signature
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STATE OF:
COUNTY OR CITY OF:
On this day of , 20 before me a Notary,
personally appeared Personally known to
me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed within this instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their
signature(s) on the instrument is the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal Notary Public:
Notary Registration No.:
My commission expires: