Indemnitor agreement checklist

Why this matters

The indemnity agreement is the document you rely on when a bond goes wrong. If its terms are vague, unread or unexplained, it becomes harder to enforce and easier to dispute. Use this checklist to review your current form with an attorney licensed in your state — not as a substitute for one.

Parties and identification

• Full legal names, dates of birth and current addresses of every indemnitor
• Copy of government-issued ID for each signer, matched to the person signing
• Relationship of each indemnitor to the defendant
• Defendant's name, booking number, court, case number and charges
• Bond amount, surety company and power of attorney number

Core obligations

• Clear statement that the indemnitor is responsible if the bond is forfeited
• What costs the indemnitor may owe beyond the bond amount (recovery, court costs, fees) and whether your state limits them
• Duty to help locate the defendant and notify you of address or phone changes
• Whether obligations are joint and several when there are multiple signers
• When the obligation ends (exoneration, discharge) and how the indemnitor is notified

Premium, fees and payment plans

• Premium amount and rate, consistent with your filed or approved rates
• Statement on whether the premium is earned when the defendant is released (confirm your state's rules)
• Any separate fees, itemized, and their legal basis
• Payment schedule, late-payment terms and what happens on default
• Reference to the separate collateral receipt if collateral is taken

Plain-language and signing practices

• Agreement provided in a language the signer reads; note translations used
• Signer given time to read and ask questions before signing
• Each signer receives a complete copy
• Initials on key clauses (financial liability, collateral, surrender rights)
• Signature date, time and location recorded; agent name and license number shown

Red flags to fix

• Clauses that conflict with your state's insurance code or regulations
• Unlimited or unspecified fee language
• Blank fields left to be completed later
• Signing by someone who cannot show they understand the obligation