Freedom Bail Bonds - Terms and Conditions

Effective Date: August 5, 2025

DISCLAIMER: This document is for informational purposes only and does not constitute legal advice. It is imperative that you consult with a qualified attorney in Texas to review and customize this policy to ensure it is in full compliance with all applicable federal, state, and local laws, including the regulations set forth by the El Paso County Bail Bond Board.

INDEMNITY AGREEMENT AND TERMS OF SERVICE

YOU ARE ASSUMING SPECIFIC OBLIGATIONS – PLEASE READ CAREFULLY!

These Terms and Conditions ("Agreement") are entered into by and between PASCUAL Q. OLIBAS, d/b/a FREEDOM BAIL BONDS ("Company," "Surety," "we," "us," or "our") and the undersigned Defendant and any and all Co-Signers/Indemnitors (collectively referred to as "you," "your," or "undersigned"). This Agreement governs the bail bond services provided by the Company.

By signing the Bail Bond Application and Agreement, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions.

1. DEFINITIONS

Bail Bond: A financial guarantee made by the Company to the court, ensuring the Defendant's appearance at all required court proceedings.

Defendant: The individual who has been arrested and for whom the bail bond is posted.

Co-Signer/Indemnitor: Any individual(s) who co-signs this Agreement and agrees to be financially responsible for the Defendant's obligations.

Premium: The non-refundable fee, typically 10% of the total bail amount, paid to the Company for its services.

Collateral: Property, cash, or other assets pledged to the Company to secure the full amount of the bail bond.

Forfeiture: The loss of the bail bond to the court due to the Defendant's failure to appear at a required court date.

Judgment Nisi: A court order declaring the bond forfeited due to the Defendant's failure to appear.

2. CONSIDERATION AND AGREEMENT TO TERMS

WHEREAS, PASCUAL Q. OLIBAS, d/b/a FREEDOM BAIL BONDS (hereinafter called the SURETY), at the request of the undersigned, has agreed to act as surety on the bail bond for the Defendant in the sum specified in the bond agreement plus costs; and

WHEREAS the undersigned have agreed to save and hold harmless SURETY from any claim, demand, liability, cost, charge, attorney fee, expense, suit, order, judgment or adjudication which may arise from or is in connection with SURETY's agreement to post said bail bond; and

WHEREAS the undersigned agree that the mutual promises of the undersigned and SURETY constitute consideration for this indemnity agreement and bonding contract executed for the purpose of inducing SURETY to post a bond for Defendant.

NOW, THEREFORE, in consideration of the premises above, the mutual promises of the undersigned and SURETY and the sum of One Dollar in hand paid, receipt of which is hereby acknowledged by undersigned, the undersigned hereby undertake, agree and bind themselves, their legal representatives, successors and assigns.

3. NON-REFUNDABLE PREMIUM

The premium is fully earned by the Company upon the Defendant's release from custody. The premium is NON-REFUNDABLE, regardless of the outcome of the Defendant's case, including but not limited to:

Dismissal of charges

A finding of not guilty

Reduction of bail

Re-arrest on new charges

Early resolution of the case

4. COURT APPEARANCE OBLIGATIONS

The undersigned agree to ensure that Defendant will attend all court proceedings for which Defendant may be set, at the time therein fixed, and from day to day and term to term thereafter, as may be ordered by the said court.

4.1 Responsibility for Court Dates

The undersigned agree to check with the court, clerk or any office of government to ascertain the dates, times and manner at which the Defendant is to appear in court and to NOT RELY ON SURETY to provide same. The undersigned specifically acknowledge that Texas Code of Criminal Procedure, Art. 17.085, requires the clerk of the court to provide a notice of appearance online or by posting at a public place in the courthouse.

4.2 Courtesy Communications Disclaimer

The undersigned agree that any communications from SURETY regarding any appearance dates and times for Defendant are provided as a COURTESY ONLY and do not constitute any basis for or give rise to any claims that the information provided was incorrect or that there was failure to provide such information.

5. COMPREHENSIVE INDEMNIFICATION

The undersigned agree that the undersigned will at all times indemnify, save and hold SURETY harmless from any and all claims, demands, liability, cost, charge, attorney fee, expense, suit, order, judgment or adjudication whatsoever which the SURETY may sustain arising from or in connection with SURETY's agreement to post bail bond for Defendant, including without limitation, any claims made between undersigned, Defendant and/or SURETY.

Undersigned further agree that SURETY may hold and maintain any collateral or deposit made to surety in connection with the bond until such time as all such demands or claims are settled or adjudicated.

6. LIQUIDATED DAMAGES PROVISION

THE UNDERSIGNED AND SURETY AGREE THAT THE TOTAL DAMAGES IN THE EVENT OF A FORFEITURE OF THE BOND ARE DIFFICULT TO ASCERTAIN because they may include, but are not limited to, transportation costs of Defendant and Surety, attorney fees, travel expenses and litigation expenses.

THE PARTIES AGREE THAT:

The harm caused by the breach of a condition of the bond is incapable or difficult of estimation, and

The amount of liquidated damages called for is a reasonable forecast of just compensation.

THE PARTIES THEREFORE AGREE THAT UPON THE DEFENDANT'S FAILURE TO APPEAR AT A COURT PROCEEDING OR THE ISSUANCE OF A JUDGMENT NISI BY ANY COURT HAVING JURISDICTION OF THE CAUSE FOR WHICH THE SURETY OBLIGATED HIMSELF ON SAID APPEARANCE BOND, THE FULL AMOUNT OF THE BOND(S) REFERENCED IN THE INDEMNITY AGREEMENT, PLUS 20 PERCENT FOR REASONABLE AND NECESSARY ATTORNEY FEES, WILL CONSTITUTE LIQUIDATED DAMAGES AND THAT PASCUAL Q. OLIBAS D/B/A FREEDOM BAIL BONDS MAY IMMEDIATELY BRING SUIT TO ENFORCE THE COLLECTION OF SAID LIQUIDATED DAMAGES, EXPRESSLY WAIVING ANY RIGHT OF DEMAND.

7. COLLATERAL AND PROPERTY RESTRICTIONS

The undersigned agree that as long as there is any potential liability to or loss of any nature whatsoever to the SURETY arising from the bond referred to herein, the undersigned will not transfer or attempt to transfer any property, real or personal, given as security for the bonding or indemnity agreement.

The undersigned further agree that by virtue of this indemnity agreement, SURETY obtains a LIEN, equal to the amount of the bond plus any other sums for which it may become liable by reason of its having executed the bond referred to herein, in and to any interest undersigned may have on existing or after acquired exempt property.

8. EVIDENCE OF PAYMENT AND LIABILITY

The undersigned agree that any judgment nisi, judgment of forfeiture, voucher or other evidence of any payment made by SURETY shall be CONCLUSIVE EVIDENCE of such payment having been made and undersigned and the undersigned's estate shall be liable to SURETY on the total amount presented.

9. SURETY'S RIGHT TO WITHDRAW

The undersigned agree that the Surety may withdraw from its Suretyship on said bond or undertaking at any time upon giving the principal named on said bond notice to that effect or as required by statute or regulation adopted in a bail bond board county.

10. COMPANY'S RIGHT TO APPREHEND AND SURRENDER

The Company has the right to apprehend, arrest, and surrender the Defendant to the court at any time, without prior notice and without the return of any premium, if the Company has reason to believe that the Defendant:

Has violated any of the terms of this Agreement

Is a flight risk

Has provided false information to the Company

Has been re-arrested on new charges

Has failed to comply with any court-ordered conditions

11. JOINT AND SEVERAL LIABILITY

The failure of any of the undersigned to comply with the provisions of this indemnity agreement shall constitute a failure of all undersigned to comply with the terms of the indemnity agreement and may be enforced against ALL UNDERSIGNED jointly and severally.

12. ATTORNEY FEES

The undersigned agree to pay reasonable attorney's fees incurred in the enforcement of this obligation in the amount of 20% of the face amount of the bond unless a different amount as reasonable and necessary attorney fee is awarded by a court of competent jurisdiction.

13. JURISDICTION AND VENUE

The undersigned agree that this Indemnity Agreement and the Bond Agreement is enforceable in Reeves and El Paso County. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

14. EXECUTION AND EFFECTIVENESS

The undersigned and SURETY agree that this agreement may be signed in multiple parts and is effective and deemed to have been signed in the county from which the Defendant was released from jail after the posting of the surety bond.

15. SEVERABILITY

If any provision or provisions of this instrument be void or unenforceable under the laws of any place governing construction or enforcement, this instrument shall not be void or vitiated thereby, but shall be construed and enforced with the same effect although such provision or provisions were omitted.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by Texas law, the Company's liability to you for any and all claims, losses, or damages arising out of or relating to this Agreement or the services provided shall be limited to the amount of the premium paid. The Company is not responsible for the outcome of the Defendant's case.

17. DISCLAIMER OF WARRANTIES

The Company's services are provided "as is." The Company makes no warranties, express or implied, regarding the outcome of the Defendant's case or any other matter related to the legal proceedings.

18. ENTIRE AGREEMENT

This Agreement, along with the Bail Bond Application and any related documents, constitutes the entire agreement between the parties and supersedes all prior oral or written agreements, understandings, or representations.

19. ADDITIONAL OBLIGATIONS

19.1 Communication Requirements

You must maintain regular contact with the Company

You must immediately notify the Company of any change in the Defendant's address, phone number, or employment

The Defendant must check in with the Company as required, which may be weekly or at other intervals determined by the Company

19.2 Travel Restrictions

The Defendant is prohibited from leaving El Paso County or the State of Texas without prior written consent from the Company and the court.

19.3 Compliance with Laws

The Defendant must not violate any laws while out on bond and must comply with all court-ordered conditions of release.

By signing below, you acknowledge that you have read and understand these Terms and Conditions and agree to be bound by them.

DEFENDANT:

DEFENDANT SIGNATURE DATE

PRINTED NAME COUNTY WHERE SIGNED

CO-SIGNER(S)/INDEMNITOR(S):

CO-SIGNER (1) SIGNATURE DATE

PRINTED NAME

CO-SIGNER (2) SIGNATURE DATE

PRINTED NAME

FREEDOM BAIL BONDS PASCUAL Q. OLIBAS El Paso, Texas

Contact Information: [Insert Company Address] [Insert Phone Number] [Insert Email Address]

IMPORTANT NOTICE: This document contains legally binding obligations. If you do not understand any provision of this Agreement, you should consult with an attorney before signing.