Financial Agreement PT

Financial Agreement PT

PRONTOTRAK

FINANCIAL AND LIABILITY AGREEMENT/PARTICIPANT

Participant Name
Participant Name
First Name
Last Name

The Participant whose name appears above (referred to herein as “I” or “me” or “my,” as the context requires) acknowledges receiving the equipment listed in the Monitoring Rules and/or Attachment “A” attached hereto and incorporated herein by this reference. I and the undersigned Co-obligor (sometimes referred to herein collectively as “we,” “us” or “our,” as the context requires) will be jointly and severally legally and financially responsible and liable for this equipment while on the court-ordered electronic monitoring program and for all payments due to ProntoTrak, Inc. (“ProntoTrak”) hereunder.

I/we acknowledge that we, jointly and severally, will be responsible and liable for this equipment if it is lost, stolen, or damaged, and that civil action or a criminal complaint may be initiated against us or either of us by ProntoTrak in connection therewith. We further understand and agree that, should I remove any equipment from my person and abscond, then, in addition to any other remedy that ProntoTrak has against us at law or in equity, ProntoTrak may retain, and we hereby forfeit all monies held by ProntoTrak in excess of all fees and expenses then due and owing to ProntoTrak as partial payment for damages ProntoTrak may incur as a result of my actions. We further agree that each right, power and remedy of ProntoTrak provided for in this agreement or now or hereafter existing at law or in equity or by statute or otherwise, shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this agreement or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by ProntoTrak of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by ProntoTrak of any or all such other rights, powers or remedies.

We will not tamper with or attempt to fix or allow anyone else to tamper with or attempt to fix, said equipment. All equipment will be returned to ProntoTrak on the first to occur of the due date listed in the rules and conditions provided to us, upon termination of the program, upon instruction of an ProntoTrak representative, or upon the order or instruction of the sentencing court. If we do not return the equipment on the due date listed and in good working order, we could be charged with theft or vandalism, and a warrant may be issued in our names. We understand that we will be liable, jointly and severally, for any legal fees and/or charges associated with the recovery, repair, and/or replacement of said equipment.

We agree to deposit with ProntoTrak, at the time we execute this agreement and receive the monitoring equipment, an amount equal to $

as a security deposit for the payment of all fees and expenses hereunder and for the return of the monitoring equipment at the end of the monitoring period in a timely manner and in good working order. We understand and agree that if we comply with all of the terms, covenants, and conditions of this agreement, and we promptly return the monitoring equipment to ProntoTrak in a timely manner and in good working order on the due date, then ProntoTrak will return the amount of the remaining security deposit (less any sums retained, incurred or expended by ProntoTrak for unpaid fees hereunder, for late fees for the return of the equipment after the due date or for cleaning, repairing, restoring or replacing the equipment) to us within thirty (30) days after the date that we return the equipment to ProntoTrak .

We understand that we, jointly and severally, willbe charged and will promptly pay a $

per day fee plus a $

 installation/enrollment fee, and a $

reinstallation/reenrollment fee. All installation/enrollment and reinstallation/re enrollment fees are non-refundable. Additionally, we agree that if we fail to be present at any appointment for installation/enrollment, or reinstallation/re enrollment, or maintenance, or we fail to cancel any such appointment within 24 hours of the appointment date and time, then we will pay a “no-show” fee of $50.00 per appointment. We understand that a $

fee is charged for an installation/enrollment fee completed outside normal business hours, including weekends and holidays. If I am released from monitoring prior to the expiration of the monitoring period before my sentence is completed, we will be liable for the per day rate as mentioned above. If I fail to comply with the rules of Electronic Monitoring established by the court and I am taken off the system due to a violation (termination), it will be our responsibility to make arrangements to have all monitoring equipment immediately returned to ProntoTrak. We will pay the daily equipment rate as indicated above for each additional day the equipment is in our possession past the termination date. We further understand that if the equipment is not returned to ProntoTrak on the due date (completion date), we will pay the daily equipment rate as indicated above for each additional day the equipment is in our possession.

We acknowledge receipt of the equipment number(s) as indicated on the equipment guidelines form and understand that I/we must return all equipment when monitoring is complete or when monitoring ends for any reason. Failure to return equipment and/or damaged equipment will result in the following fee $
Additional fees will be charged for failure to return any additional items issued at the time of installation/maintenance such as chargers, magnet, telephone/internet cords, etc. as outlined on the equipment guidelines form. All maintenance appointments are subject to the “no-show” fee referred to above.
We further understand and agree monitoring fees will be paid in the form of a money order, cashier’s check, debit card, or credit card to ProntoTrak. We understand that payments made by debit or credit card which are disputed will result in a $30.00 service fee payable to ProntoTrak. ProntoTrak does not accept cash or personal checks.

We understand that monitoring fees must be paid ahead at all times, during the entire monitoring period. We understand that the first payment is due 7-days from the date of this Agreement and must be for 14 days of monitoring. All future payments are due every 14 days for 14 days of monitoring. Failure to remain paid ahead is considered a violation of this agreement and/or the court order and may result in termination of this agreement. At the end of monitoring, if monitoring fees are overpaid and if all equipment is returned in good condition, a refund will be issued.

If monitoring is for a period of 30 days or less, payment for the entire period of monitoring is due at the time of installation/enrollment.

We understand and agree that should ProntoTrak be required to appear in court to testify concerning me or the transactions contemplated hereby, I hereby acknowledge that ProntoTrak may provide all reports and information about me and my program as requested by the court, and such reports and information shall be admissible in a court of law.

By signing below, any Co-obligor under this agreement on my behalf agrees to pay or otherwise satisfy my obligations to ProntoTrak as set forth herein, including, without limitation, the payment of the security deposit and all fees charged by ProntoTrak, and the costs and expenses of repairing or replacing the monitoring equipment, and collecting all sums that remain unpaid hereunder. We specifically agree to the additional terms and conditions of payment set forth therein. We understand that payments made by debit or credit card which are disputed will result in a $30.00 service fee payable to ProntoTrak.

I understand that I am primarily obligated to pay all such fees, charges, and payments, even if someone else also has agreed to pay such sums. I understand that ProntoTrak may file suit against me alone, or anyone else who is obligated hereunder, or any number of us together, to collect all amounts due hereunder if I or anyone else fails to pay such sums when due. We further understand that ProntoTrak may do so without any notice that such sums have not been paid. We agree that we will not assign our obligations hereunder without ProntoTrak prior written approval.

We jointly and severally agree to pay the reasonable attorneys’ fees and costs of ProntoTrak, whether or not an action is brought, for the services of counsel employed to collect any amounts owed under this agreement, to recover the equipment, to recover damages to the equipment, or to enforce the performance of any other agreement contained herein, including, without limitation, past due fees, late fees at a rate of 1.5% of the unpaid balance per month, and the costs and attorneys’ fees on any appeal, or in any proceedings under the United States Bankruptcy Code, or in any post-judgment proceedings.

We acknowledge that on the date indicated below we received equipment for monitoring as outlined in the Monitoring Rules and/or Attachment “A”. We understand that if at any time during the period of monitoring said equipment identified on the Monitoring Rules and/or Attachment “A” fails to work properly, we shall notify a ProntoTrak representative and may be given replacement equipment. We understand that if replacement equipment of similar value is given to us, we shall attach a new Attachment “A” signed by me, and that my Co-obligator shall not be required to execute any new documents (but shall remain liable as provided herein with respect to such replacement equipment), unless my Co obligator specifically herein requests to sign such replacement Attachment “A”.

If I am notified that replacement equipment and/or maintenance is required of my monitoring equipment, I agree to make such arrangements within a 24-hour period of notice. We understand that we, jointly and severally, will be charged $

in the event that maintenance or replacement equipment is required which requires that a representative of ProntoTrak travel to the county of the participants residence to perform said maintenance or replacement of equipment. We understand that we, jointly and severally, may agree for maintenance to be conducted at a ProntoTrak office and that in this case the maintenance fee will be waived.

No failure or delay on the part of ProntoTrak in the exercise of any power or right, and no course of dealing between us and ProntoTrak, shall operate as a waiver of such power or right or a departure from the terms and conditions of this agreement, nor shall any single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any other power or right. No notice to or demand on us hereunder shall in any event entitle us to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of ProntoTrak to any other or further action and any circumstances without notice or demand. No amendment, modification or waiver of, or consent with respect to, any provision of this agreement shall be effective unless the same shall be in writing and signed and delivered by ProntoTrak. Any waiver of any provision of this agreement, and any consent to any departure by us from the terms of any provision of this agreement, shall be effective only in the specific instance and for the specific purpose for which given.

We hereby authorize, permit, and/or allow PRONTOTRAK, at its sole discretion and at any time, to release, disclose, and/or disseminate all information in its possession regarding the Participant’s location, the length of time the Participant spends at any location, and/or the Participant’s current whereabouts to any employee, representative, official, and/or designee of any town, city, municipal, county, state, local, federal, and/or national law enforcement agency or administrative agency for the purpose of locating the Participant at any given time and/or place while PRONTOTRAK monitors the Participant pursuant to this agreement. We hereby knowingly, consciously, and voluntarily waive any right we may possess to keep this information from the above-listed persons and/or entities. We further acknowledge and agree our consent to the release, disclosure, and/or dissemination of this information is entirely voluntary and without any coercion, duress, threats, and/or undue influence by PRONTOTRAK or any of its employees, representatives, and/or designees.

We have read and understand the above statements, and we, jointly and severally, agree to accept full financial and legal responsibility for the monitoring equipment assigned as stated in the Monitoring Rules and/or Attachment A and to be bound by all of the terms and conditions set forth in this Agreement.