Policy Committee Meeting 12.4.23

OMA 2023

OMA Policy Committee Meeting Book

December 4 , 2023 CONTENT CONFIDENTIAL - DO NOT SHARE CONTENT OUTSIDE OMA

Policy Committee Meeting December 4, 2023 5:00-6:00 PM EST

Zoom Information: https://obesitymedicine-org.zoom.us/j/87590627992?pwd=aSMEmm1ISlIueWuK2Fyuxufkmc3aNp.1

Meeting ID: 875 9062 7992 Passcode: 694849

Phone Dial-In Information: 346-248-7799, 87590627992#

Presiding Officer: Dr. Ethan Lazarus

Time

Topic

Lead

Page #

Action

Information Only

5:00 PM

Call to Order and Approval of 9/28/2023 Policy Committee Meeting Minutes

Lazarus

1 – 5

5:02-5:25 PM OMA’s Conflict of Interest (COI) Policy DRAFT

Lazarus, All

Discussion

6 – 7

OMA’s Exhibitor/Sponsorship/Speaker Document DRAFTS • Exhibitor and Sponsorship Agreement • Exhibitor Terms and Conditions Agreement • Speaker Contract/Agreement

8 – 9 10 – 16 17 – 22

5:25-5:35 PM

Lazarus, All

Discussion

5:35-5:50 PM

OMA’s Policy re: Development of Position Statements DRAFT

Lazarus, All

23 – 24

Discussion

5:50-6:00 PM

Call to Adjourn, Closing Remarks, and Next Steps

Lazarus

OMA Policy Committee Meeting Minutes September 28th, 2023 4:00--5:00 PM EDT Held Virtually: https://obesitymedicine org.zoom.us/j/89794174344?pwd=Ui8wNEJuamE2eTFBRHBMOTZkbHhnQT09

Call to Order: The meeting was called to order at 4:01 PM EDT by Dr. Ethan Lazarus. Attendees: Dr. Ethan Lazarus, Dr. Harold Bays, Dr. Angela Fitch, Dr. Carolynn Francavilla Brown, Dr. Anthony Auriemma, Dr. Lydia Alexander, Ms. Teresa Fraker, and Ms. Lydia Haile. OMA Position Statement Policy Proposal Development and Review of Societal Practices: Dr. Lazarus began the conversation by asking the Policy Committee to share their thoughts on the questions provided in the agenda regarding OMA’s current position statement practices and areas to consider. Dr. Bays shared that through his decades of authoring and coauthoring articles both with the OMA and beyond, he has learned that clinician-based organizations (unlike research-based organizations), often require a more delicate balance of time commitment and labor. As such, he shares that the process which has been followed thus far for the two existing position statements that have been published in Obesity Pillars per the document he provided for the meeting proposes a method of producing high quality position statements in an efficient manner that aims to reduce time burden for its contributors. Dr. Francavilla Brown attests to the functionality of the current process but wants to ensure that everyone on the OMA BOT feels comfortable and confident with this process. With regard to suggested changes, she mentions that a one week turn around for review of documents for publication has not been feasible for her and that an adjustment to the timeline would be beneficial. Dr. Bays agrees and suggests implementing a two-week review period instead to complete reviews. Dr. Fitch agrees with the change in timeline and shares that the procedure should emphasize that should any BOT member have concerns with a position statement, their concerns should be honored and brought forward for discussion at the greater OMA BOT level. Dr. Lazarus shared that in the past, the OMA’s position statements have required a majority support of the OMA BOT in order to be released to the public. Further, he suggests that all members of the OMA BOT should be listed as authors on the position statements, however, Dr. Bays voiced disagreement with this plan. Dr. Francavilla Brown shares that for the sake of logistics, only those that directly contributed should be listed as authors. She believes that all OMA BOT members should have the ability to be listed as authors through an interest and participations basis. With regard to question #2 on the agenda, “Who initiates these? The OMA President versus a motion by a member of the OMA BOT?” Dr. Francavilla Brown shared that the OMA BOT is representative of the OMA’s membership, and

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as such any member of the OMA BOT should be able to initiate discussion and research of a position statement topic. Dr. Auriemma agrees with authorship being solely for those who the directly contributed and suggests potentially changing the necessity of unanimous agreement on position statements when developing policy on this matter. Dr. Lazarus shares concerns on the items below in the current state procedural document that Dr. Bays provided for this meeting. o The choice of topics for OMA Position Statements that move forward occurs via a discussion between the OMA President and the Editor-in-Chief of Obesity Pillars. o Authorship of OMA Position Statements is determined by the OMA President (who has likewise been tasked with selecting OMA Task Force members), based upon inviting authors with known expertise or interest in the topic, past willingness to work within a team approach, and a past record of timely completion of authorship tasks. Additionally, BOT members can also volunteer. o Obesity Pillars is allotted a finite number of free slots per year for OMA Position Statements and other Announcements. The number of slots per year is determined by Elsevier (the publisher). The topics for these limited number of potential OMA Position Statements is determined by the OMA President and the Editor in Chief of Obesity Pillars . If there is no room in the journal, the position statement will reside on the website and an email to membership can be sent. Rather than the process as outlined above, Dr. Lazarus suggests that topics should move forward at the discretion of the OMA BOT instead of the sole discretion of the OMA President. Additionally, Dr. Lazarus mentions the scenario by which the OMA President and the Editor-in Chief of Obesity Pillars are the same person. Dr. Bays ensures the group that should that occur, he commits to ensure checks and balances are in place. Dr. Francavilla Brown says as such, to be thorough and thoughtful about the practices for such statements, the OMA should have a policy that reflects this and remains suitable for the next five (+) OMA Presidents as well. Dr. Lazarus suggests the creation of multiple pathways to outline various options for the production of position statements; an urgent pathway, a standard pathway, a web-based pathway and an Obesity Pillars pathway. Dr. Bays highlights that some of the OMA’s peer organizations have yet to release position statements this year, likely due to the overly thorough and cumbersome nature of their internal procedural requirements. Dr. Francavilla Brown stresses the importance of both big picture and the detail-oriented review. She wants to ensure that everyone on the OMA BOT is on the same page for how to provide feedback on the position statements. To address this, Dr. Alexander suggests the implementation

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of a OMA BOT orientation to level set expectations, and to provide a clear understanding of responsibilities while promoting engagement from all OMA BOT members. Dr. Bays wants to ensure there is greater transparency regarding what options are available should any member of the OMA BOT have concerns or something to share about the statements (including calling a meeting or speaking with him or others individually). Dr. Lazarus shares that overall, it appears the Policy Committee is mostly comfortable with Dr. Bays’ position statement process. He proposes that Dr. Bays take the suggestions of the Policy Committee into consideration while editing his document. Once edited by Dr. Bays, the Policy Committee will comment on these changes and submit the updated document for review at the 10/25/2023 OMA BOT Meeting, provided there is enough review time on the policy/protocol for the Policy Committee. Call to Adjourn: The Policy Committee meeting was adjourned at 4:55 PM (EDT) by Dr. Ethan Lazarus.

Meeting Minutes Approved by Dr. Ethan Lazarus on 10/27/2023

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Conflict of Interest Policy and Disclosure Statement

OMA Conflict of Interest Policy The Obesity Medicine Association (OMA) Board of Trustees must act at all times in the best interest of OMA. The purpose of this policy is to help inform the OMA, its members and leaders about what constitutes a conflict of interest, provide assistance in identification and disclosure of actual and potential conflicts, and help ensure the avoidance and resolution of conflicts of interest when necessary. This policy may be enforced as described below: 1. Board members have a fiduciary duty to conduct themselves without conflict to the interests of OMA. In these capacities, they must subordinate personal, individual business, third-party and other interests to the welfare and best interests of OMA. 2. A conflict of interest is a transaction or relationship which presents or may present a conflict between an individual’s obligations to OMA and the individual’s personal, business or other interests. a. Generally, a conflict of interest could be said to exist when individuals have material interests outside OMA which could influence them, or could be perceived as influencing them to act contrary to the best interests of OMA and for their own personal benefit or the benefit of a relative or business associate. If such conflict is identified, the individual is asked to extract themselves from voting on a motion. b. Frequently the type of interest resulting in a conflict would be financial, such as an individual who has an association with a third party through ownership interest, stock/bond holdings, a grant, an employment relationship, or a consultative or advisory arrangement. Examples include serving on a speakers’ bureau or advisory board, as well as receiving honoraria from a medical education company for CME presentations. NOTE: An individual’s employment by a pharmaceutical company involved in obesity, medical device company involved in obesity, supplement or food company involved in weight loss products, or other companies that could have the appearance of having a conflict of interest with OMA as determined from time to time by the OMA Board of Trustees are deemed to be direct conflicts of interest that would preclude the individual from serving as a member of the OMA Board of Trustees. c. In some instances a conflict of interest may exist even though the conflict does not arise out of financial considerations. For example, a member of the OMA Board of Trustees also may have a fiduciary responsibility as a member of the Board of Trustees or committee of another organization. If the interests of that organization were contrary to or in competition with the interests of OMA, a situation could exist in which the individual could not fulfill his or her fiduciary responsibilities to both organizations or may be disqualified as a board of trustee candidate during the nomination process. 3. All conflicts of interest are not necessarily prohibited or harmful to the OMA. However, full disclosure of all actual and potential conflicts, and a determination by the Board – with the interested individual recused from participating in debates and voting on the matter – are required. NOTE: some conflicts may lead to a disqualification during candidacy as determined by the OMA Nominating Committee. 4. All actual and potential conflicts of interest shall be disclosed by Board members through the annual disclosure statement and/or whenever a conflict arises. The disinterested members of the Board shall make a determination as to whether a conflict exists and what subsequent action is appropriate (i.e. require the person with the conflict to abstain from discussing or voting on matters involving the conflict, resign from office, etc.). 5. On an annual basis, all Board members shall be provided with a copy of this policy and are required to complete and sign the disclosure statement below. OMA will provide all members of the Board with copies of the disclosure statements for all members of the Board and will publicly list potential conflicts as part of the candidacy announcement. Note: A separate policy exists for all OMA Continuing Medical Education activities. Individuals participating in these activities are subject to the “OMA Policy for Commercial Support and Continuing Education Programs” and should complete the full disclosure statement developed solely for these activities.

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Disclosure Statement I have read the OMA conflict of interest policy set forth above and agree to comply fully with its terms and conditions at all times during my service to OMA. If at any time following submission of this form I become aware of any actual or potential conflicts of interest, or if the information provided below becomes inaccurate or incomplete, I will promptly notify the OMA Executive Director in writing. I understand that if I indicate a financial or other relationship or interest below, that information will be reviewed to determine whether this relationship precludes my participation on the Board. I understand that failure or refusal to disclose, false disclosure, or inability to resolve conflicts of interest will disqualify me from participating on the Board immediately. I agree that as an OMA Board of Trustee member I will make every effort that all my Association related activities and votes will be solely in the best interest of the OMA.

Disclosure of Actual or Potential Conflicts of Interest occurring within 1 year of the date of this form and within the foreseeable future:

Disclosure of ANY interests that could possibly result in a Conflict of Interest in the future with OMA, such as an ownership interest in any business, stock/bond holdings, a grant, an employment relationship, or consultative or advisory arrangement, etc.:

Disclosure of involvement / relationships with other similar or competitive associations / societies which represent interests of obesity medicine clinicians (please specify your level of involvement, i.e. board member, committee leader, committee member, general member, etc.):

Signature

Print Name

Date

New OMA Corporate Partner Application (web-based) Questionnaire

Contact Information Company Name

Company Type (choices include: Lifestyle & Behavior, Measurement Device and Metabolic Testing, Nutrition/Supplements, Pharmaceutical, Physical Activity/Exercise, Services, Technology Hardware/Software, Esthetics/Appearance, Other) Address (City, State, Zip Code Website Primary Contact Name Primary Contact Phone Primary Contact E-mail How would you like to partner with the OMA? (Choices include: Exhibits, Advertising, Sponsorships or Other; respondents can multiselect their choices) Does your advertised product or service require FDA approval? (Choices include: Yes, No, or Not Applicable) Has your advertised product or service obtained FDA approval? (Choices include: Yes, No, or Not Applicable) Does your company plan to market human chorionic gonadotropin (HCG)? (Choices include: Yes, No, or Not Applicable) Does your company participate in compounding of pharmaceuticals such as peptides? (Choices include: Yes, No, or Not Applicable) Does your company plan to market a franchise? (Choices include: Yes, No, or Not Applicable) Describe your product or service: (Free text box) Describe how your product or service might help patients with obesity. Please be specific. (Free text box) Upload a recent sample of your company’s marketing materials (e.g. website, brochures, flyers, postcards, one pagers, news/research article, etc.) Have your received prior exhibitor or marketing approval from the OMA in the past? (Choices include Yes or No) By submitting this form, you acknowledge reading and agreeing to the OMA’s Exhibitor Rules and Regulations and Antitrust Guidelines. Additional information will be required to exhibit, sponsor, or advertise and approval is not guaranteed.

Commented [TF1]: Suggest eliminating this question & substituting with the question immediately below. Commented [EL2]: I would combine these as follows: “Does your company sell HCG, compounded semaglutide, compounded tirzepatide, compounded retatrutide, or other peptides for weight loss?

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OMA’s EXHIBITOR TERMS and CONDITIONS

These Terms and Conditions are an integral part of and are incorporated by reference into, the Conference Exhibitor and Sponsor Application and Agreement signed and submitted by each prospective exhibitor/sponsor at the OMA’s Conferences. By signing the Conference Exhibitor and Sponsor Application and Agreement, each prospective exhibitor/sponsor agrees that if its application is accepted it is bound by and will comply with these Terms and Conditions.

The OMA may accept or reject any application to exhibit in its sole discretion and has full and final authority to interpret, amend, or supplement these Terms and Conditions.

Commented [TF1]: All edits/changes noted in red font throughout this document were provided by Teresa

BOOTH ASSIGNMENTS Vendors will select a booth based on a first come, first served basis once payment has been received. Booth selection will be done within the OMA’s conference (IT) platform.

BOOTH RELOCATIONS

The OMA reserves the right to revise the floor plan in the event of conflicts regarding space requests, fire marshall, and security concerns or conditions beyond its control. The OMA does not customarily relocate booths. However, if a relocation must occur, the OMA will notify the affected exhibitor.

Commented [EL2]: Might add that there would be no renumeration or reimbursement to the vendor in the event of a booth relocation

BOOTHS

• Two booths may be purchased side by side to form a 10x20 booth in the exhibitor area or four booths may be purchased to form a 20x20 booth. • Only staff members of the exhibiting company are permitted to receive and wear exhibitor badges and they must be identified prior to each conference. Booth representative names must be submitted by the deadline as outlined in the OMA’s Exhibitor Kit. Any additional badges or name changes requested after the deadline are subject to a $50 charge. • Any additional exhibit booth needs (including but not limited to) electrical, telecommunication, additional furniture, additional lead retrieval, and/or accessories are the responsibility of the exhibitor and can be ordered per the instructions provided in the OMA’s Exhibitor Kit. • All conference sponsorship opportunities require an exhibit booth purchase.

CANCELLATIONS

If the OMA receives written notice of cancellation or reduction of onsite booth space not less than 90 days prior to the first day of the respective conference, the OMA will refund 50 percent of the fee paid for the cancelled space. If the OMA receives written notice of cancellation or reduction of booth space less than 90 days prior to the first day of the respective conference (or alternatively receives no notice of cancellation), no refund will be paid to the vendor.

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These cancellation fee terms will apply regardless of the execution date of the application.

FORCE MAJEURE In the event any part of the exhibit hall or the facility hosting the conference is destroyed or damaged which would prevent the OMA from permitting an exhibitor to occupy an assigned space during any part or the whole of the exhibition period, or in the event occupation of the assigned space during any part or the whole of the exhibition period is prevented by strikes, Acts of God, war, terrorism, disease, influenza, or threat thereof, national emergency, or other cause beyond the control of OMA, then the Exhibitor shall be charged for space during the period it was or could have been occupied by the Exhibitor. Further, the Exhibitor hereby waives any claim against OMA, its directors, officers, agents, or employees for losses or damages which may arise in consequence of such inability to occupy assigned space, its sole claim against OMA being for a refund of a ratable portion of the fee paid, for the period it was prevented from using the space. Photography OMA may take photographs and reproduce them in educational, news, or promotional materials, whether in print, electronic, or other media, including the OMA website. By participating in the OMA’s exhibit hall, each exhibitor grants the OMA the right to use photographs of its booth or personnel for such purposes. Use of Exhibitor’s Company Name By exhibiting in the OMA’s Conference(s), each exhibitor grants the OMA a perpetual, nonexclusive license to use, display, and reproduce its name in any directory or listing of the exhibitors, and to use its name in promotional materials. The OMA will not be liable for any errors in any listing or for omitting any exhibitor from any directory or listing pertaining to the show. EXHIBITOR SALES AND MARKETING The OMA follows the American Medical Association’s (AMA) Opinion 8.06 – Prescribing and Dispensing Drugs and Devices, which requires that physicians must not place their own financial interests above the welfare of their patients. • Complete scientific and technical data, concerning product safety, operation and usefulness, should be made available to all attendees to support such claims. The ultimate test is whether the claim, when viewed in the context of the advertisement as a whole, is false or materially misleading. • The OMA prohibits exhibitors from primarily promoting profitability or financial claims relating to their products or services. Specifically, exhibit booths and advertising materials must not include estimates of profitability or suggested retail prices to LICENSE TO OMA

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consumers and patients. In addition, OMA discourages exhibits that offer referral or other fees to physicians in exchange for recommending products or services to patients. • If the OMA deems that the exhibitor is selling products or services that are in direct competition of products that the OMA produces (i.e. educational products), the OMA reserves the right to exclude that exhibitor from participating in the OMA’s Conference(s) and/or the OMA can ask the exhibitor to remove materials related to such sales from their booth. • The OMA’s exhibit hall exists primarily for the purpose of disseminating information about products and technology in the field obesity medicine. The purpose of the exhibit hall is not to promote financial opportunities for physicians, and therefore exhibits that only focus on financial claims, apart from obesity medicine products and services, will not be allowed. While the OMA reserves the right to restrict sales activities that it, in its sole discretion, deems inappropriate or unprofessional, taking orders for future delivery is permitted in the exhibit hall. Exhibitors are responsible for following the business license and sales and use tax regulations that vary from state to state. Exhibitors should consult with their tax advisors for specific tax advice. • Exhibitors may not solicit other exhibitors. Any exhibitor or company personnel who solicit exhibitors at the show will be considered in violation of the rules and regulations and may jeopardize the company’s future exhibiting status. • Exhibitors who plan to staff their booths with OMA Board of Trustees members or other paid conference attendees agree that the individual must wear an exhibitor name badge rather than the conference attendee badge while in the exhibit hall or staffing the booth. • If exhibitors are first-time exhibitors, a New Exhibitor/Sponsor application must be submitted and approved by OMA’s Board prior to reserving a booth. Applications for approval should be submitted here: https://obesitymedicine.org/corporaterelations/newexhibitors-and-sponsors/ • The OMA name, brand, logos, and acronyms are registered, proprietary marks. Exhibitors agree that they will not use the name, brand, logos, acronyms, or seal of the OMA in promotional and informational materials, signs, advertising, media promotions, or on websites without prior approval from the OMA staff. However, if approval is granted from OMA staff, an exhibitor may reference its current participation by meeting name (i.e. “OMA’s Annual Conference” or “OMA Summit”) to encourage attendees to visit the company’s booth at the meeting itself. • Exhibitors can purchase a sponsorship package that includes a pre-show or post-show mailing to a postal address for the purpose of promoting their products or services. Exhibitor marketing materials must not indicate an endorsement by the OMA of the product or service. • Exhibitors who require clinicians to sign exclusivity clauses with respect to the sale of their products agree to disclose this to all potential customers. • Exhibitors who wish to market their products or services using quotations from OMA members must provide the OMA with written permission obtained from persons quoted.

Commented [EL3]: Why not strengthen this? Why not state that “Exhibitors are not allowed to require clinicians to sign exclusivity agreements.” I believe these agreements to be unethical and indirect violation of what is written in above bullets – that we are trying to improve patient care. The only purpose of exclusivity is financial gain of the company.

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MEDICAL PROCEDURES Exhibitors that wish to conduct blood glucose testing or other medical procedures must (not less than 45 days before the first day of the conference), submit a signed copy of OMA’s Medical Procedure Provider Agreement (Exhibit A) to OMA. No animal testing may be conducted and no animals may be brought onsite. ANCILLARY EVENTS Presenting Sponsors may conduct other events in connection with the conference by completing an Affiliate Event Agreement. INSURANCE Exhibitors must have, and agree to have, general liability insurance that covers participation in trade shows of at least $1 million per occurrence, and personal property insurance that covers all property brought onsite. Exhibitors may be obligated to provide proof-of-insurance from its carrier to the OMA 60 days prior to each conference upon request. Exhibitors understand and acknowledge that the OMA does not maintain insurance coverage for its property, and each exhibitor is solely responsible to obtain such insurance. The OMA assumes no liability for any act or omission in connection with any loss or damage suffered by an exhibitor as a result of any act or omission of any vendor, service provider, or other exhibitor or party. INDEMNIFICATION Each exhibitor agrees to indemnify and hold OMA and its officers, trustees, members, employees, agents, and contractors harmless from and against all claims, losses, liabilities, lawsuits, and other actions relating to its products or services, or arising from its own actions or omissions or those of its employees, agents, or contractors. In addition, each exhibitor assumes the entire responsibility and liability for losses, damages, and claims arising out of the exhibitor’s activities on the hotel premises and will indemnify, defend, and hold harmless the hotel, its owner and its management company, as well as their respective agents, servants, and employees from and against any and all such losses, damages, and claims.

SECURITY The OMA does not guarantee against, nor is it responsible for, loss or damage that may occur in the exhibit hall. Exhibitors are encouraged to take valuables out of their exhibit booths during off hours.

FOOD/BEVERAGES IN BOOTH

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Exhibitors may dispense food or beverages from their booth space, provided it is purchased from the conference hotel, except for samples of exhibitor’s product being exhibited in the booth. The exhibitor must comply with all health department and other regulations regarding food and beverage dispensing and must send such requests for prior approval to the OMA a minimum of 30 days before the event. DRAWINGS/RAFFLES/GIVEAWAYS The PhRMA and AdvaMed Codes on Interactions with Healthcare Professionals include strict limitations on the ability of research-based pharmaceutical and medical device companies to provide food, beverages, non-educational, and other non-practice related items to health care professionals. Exhibitors agree to comply with these codes in determining what they provide health care professionals. Payments in cash or cash equivalents (such as gift certificates, gift cards, etc.) may not be offered to health care professionals either directly or indirectly. The OMA in its sole discretion may withhold or deny the right to distribute gifts, souvenirs, advertising, or other materials it may consider inappropriate such as non-evidence-based medical practices. These rules apply to all research-based pharmaceutical and medical device companies. Prizes and lotteries may risk violating federal regulations governing health care marketing. Exhibitors who wish to sponsor contests, raffles, or drawings for prizes must adhere to the following rules: • Exhibitors must agree to comply with all local, state and federal laws that apply. • Contest, raffle, or drawing rules must be posted at the booth. Rules must include eligibility, date and time of drawing, the words “no purchase necessary to enter,” odds of winning, how winners will be notified, etc. EXHIBITOR VIOLATIONS Exhibitors who violate these rules or who engage in any activity that reflects negatively on the OMA’s favorable image, goodwill, reputation, or acceptance by its members or the public, may be subject in the sole discretion of the OMA to exclusion and/or restriction, including expulsion from the exhibit hall. Examples may include (but may not be limited to): advertisements of compounding peptides, or any such practices which may be felt to be in conflict with the OMA’s position statements as published in the OMA’s scholarly journal, Obesity Pillars . (The OMA shall not be liable for special, consequential, or incidental damages; loss; or expenses, arising directly or indirectly from or in connection with the exclusion or restriction of any exhibitor or prospective exhibitor. The OMA’s maximum liability shall not in any case exceed the exhibit fee paid to OMA by the exhibitor. • Before the exhibit hall opens, the OMA staff and representatives of the OMA’s Board of Trustees will conduct a final walk-through to inspect each exhibit booth to determine if

Commented [EL4]: I would add – HCG, compounded peptides including semaglutide, tirzepatide, and ritralutide

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it complies with these Terms and Conditions. The OMA has the right at any time to enter the area occupied by exhibitors or otherwise inspect an exhibitor’s material. The OMA may require removal of any exhibit or promotion, wholly or in part, that is prohibited under these Terms and Conditions. In the event of restriction or eviction, OMA is not liable for any refund to the exhibitor. • The OMA prohibits exhibitors from presenting products or services that were not disclosed in the initial application. • The OMA will solicit feedback from attendees to inform leadership of inappropriate or unprofessional exhibitors. If the OMA receives a substantial number of complaints, the matter will be reviewed by leadership, and may be used to substantiate a denial of future exhibiting privileges. ANTITRUST GUIDELINES FOR CONDUCT AT MEETINGS Potential antitrust violations are inherently present at all meetings of trade associations because an essential element of an antitrust violation—a combination of competitors—exists. The OMA seeks to avoid antitrust violations in connection with association activities, so participants should avoid engaging in conduct—in meetings or socially—that gives even the appearance of an impermissible conversation, agreement, alliance, or impropriety. The OMA conferences are conducted in such a way as to minimize allegations of antitrust improprieties. The OMA’s specific agenda and related topics will be adhered to at all times. All attendees have the right to object to discussing any subject. All OMA moderators and speakers should avoid discussing or making recommendations on subjects of questionable legality and should halt discussions of impermissible subjects. ANTITRUST GUIDELINES FOR CONDUCT AT MEETINGS, CON’T. For the OMA, other areas to be scrutinized for antitrust compliance include discussions concerning membership, fees and services for members and non-members, statistical programs, joint research programs, standard-setting, group buying and selling programs, and certification. These are permissible, provided they are conducted with reasonably and within various applicable parameters. Disregarding these considerations can result in antitrust exposure for the OMA, as well as for the individuals and companies involved. Civil and criminal penalties apply, and private rights of action are available to those alleging business interference or economic injury. During the OMA events, the OMA members and exhibitors must not hold secret meetings that may facilitate antitrust violations.

Examples of conduct that clearly restrains competition and is presumptively unlawful include:

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Pricing: Agreements to raise, lower, stabilize, or in any other way establish wholesale or retail (i.e., customer or patient) prices, or factors related to prices, such as costs, wages, discounts, credit terms, or profit levels. Discussions of the ethics or propriety of pricing practices, such as price adjustments, discounts, and credit terms, or whether said practices constitute an unfair trade practice. Discussions of past prices may also be suspect. Profit: Discussions concerning what constitutes a “fair” profit level. Profitability claims, whether communicated verbally or in writing, are prohibited.

Markets: Agreements to allocate or control markets, sales territories, customers, or geographic territories.

Restraint: Agreements to restrict or affect the availability of products or services or the terms or conditions of their sale.

Tying requirements: Agreements requiring customers to purchase an ancillary item or service in order to buy the desired product or service.

Boycotts: Agreements refusing to deal with particular vendors or customers.

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7173 S. Havana St. |#600-130 Centennial, CO 80112 P: 303.770.2526 | F: 303.779.4834 obesitymedicine.org

SPEAKER ENGAGEMENT CONTRACT Obesity Medicine Association

SPEAKER INFORMATION: Please list the following information as you would like it to appear in conference materials. Name: Credentials: Current Title: Mobile Phone: Email: Address:

Current Employer:

SECTION 1: CONTRACT INFORMATION SPEAKER ENGAGEMENT : This agreement is between Obesity Medicine Association ("OMA" or "us") and

whereby OMA agrees to hire Speaker under the terms and conditions outlined below.

Session Title/Engagement:

In-Person Session Date:

Session Time:

Location:

CONTRACT TERMS REGISTRATION FEE: The following registration is waived, contingent on meeting deadlines. Review Course for the ABOM Exam: Spring Obesity Conference:

Culinary Medicine Workshop:

Fundamentals of Obesity Treatment:

HONORARIUM

The speaker will be paid an honorarium of $ in accordance with the Speaker Reimbursement Travel Policy . Honorarium and travel stipend will be paid after the agreed upon deliverables within this speaker agreement are satisfied. If deliverables are not met within the designated timeline/ deadline, honorarium is subject to decrease by 50% each for each 7 days the deadline has passed. and will receive a travel stipend of $

Entity/Person to receive honorarium/travel stipend:

This entity to be paid must match the Tax ID information and entity to be paid listed on the W9 form submitted with this contract. The speaker agrees to submit a completed W9 prior to the start of the event.

Initial here:

REIMBURSEMENT POLICY

I understand that continuing education accreditation guidelines prohibit me from accepting any reimbursement (financial, gifts, or in kind) for this presentation from any source other than the accrediting organization, the Obesity MedicineAssociation. I have read and will adhere to the Reimbursement Policy, the terms of which are incorporated by reference and made part of this Agreement. DELIVERABLES AND DEADLINES

The speaker agrees to the following deliverables and deadlines set forth by OMA for this engagement.

DUE DATE

DELIVERABLE

METHOD OF SUBMISSION

CONTINUING EDUCATION POLICY: I have read and will adhere to OMA's Continuing Education Programs Faculty, Author or Planner Policy, the terms of which are incorporated by reference and made part of this Agreement. SUBMISSION GUIDELINES AND AUDIOVISUAL POLICY All speaker presentation slides and handouts must be reviewed by OMA’s Continuing Medical Education Committee. I have read and will adhere to the Audiovisual Guidelines, the terms of which are incorporated by reference and made part of this Agreement. ANTITRUST GUIDELINES I have read and will ensure my presentation( s) adheres to OMA's Antitrust Guidelines, the terms of which are incorporated by reference and made part of this Agreement. CANCELLATION The performance of the Agreement by either party is subject to all acts of God, war, government regulation, disaster, fire, strikes, civil disorder, terrorist actions, or other similar causes beyond the control of the parties making it inadvisable or illegal to hold the educational offering. Either party may terminate this agreement due to a force majeure event. In such events, OMA is not liable for any payment to the speaker. In the event that the speaker cannot provide the services outlined in this agreement due to illness or any other event not under the speaker’s control, the speaker will attempt to provide an alternate. The alternate must have the approval of OMA. Should an alternate speaker not be obtainable, no payment will be made to the speaker and the course may be canceled. COPYRIGHT LICENSE AND RECORDING AGREEMENT Please be advised that all educational sessions of the Obesity Medicine Association may be recorded and that online viewings, MP3 and MP4 files or other formats of these recordings may be made available for free and/or purchase. As a speaker/author: I authorize OMA to make audio and video recordings by any means and in any media ("the Recordings") of my presentation, lecture or program presented at O besity Medicine 202 4 on ("the Work") and to use my name, likeness, photograph, voice, actions and biographical information in connection with the Work and Recordings and the reproduction, distribution and promotion thereof. I agree that this authorization is worldwide, perpetual and irrevocable. As between myself and OMA, OMA shall own all right, title and interest, including the copyright, in and to the Recordings. As between myself and OMA, I shall own all right, title and interest, including the copyright, in and to the Work. I understand that OMA will credit me as the author or source of the Work. I grant to the OMA a worldwide, non-exclusive, perpetual, irrevocable, transferable, assignable, sub-licensable, royalty free and fully paid up copyright license to use the Work for the purposes of the Recordings and OMA educational programs.

Obesity Medicine 2024

Program: Last Name:

Initial here:

COPYRIGHT LICENSE AND RECORDING AGREEMENT cont. Under this license, OMA and its licensees shall have the following rights:

1. To reproduce, display, disseminate and otherwise use the Work, in whole or in part, in print or electronic form or other formats now known or developed in the future; 2. To edit the Work for form and content prior to distribution; 3. To record and make the Work available to learners as a component of the OMA's education programs. I represent and warrant that I 1. Own the initial copyright to the Work, and/or I have obtained all permissions necessary to use and allow others to use any third party copyrighted materials / visuals / information I have included in this presentation, including copyright permissions and likeness releases; 2. Reserve the right to own the copyright for all other purposes as long as those purposes do not involve the use of the OMA name, logo, or inappropriate references. I agree to be photographed while attending an OMA educational program. I grant OMA a perpetual and irrevocable license to my likeness as captured in any such photographs provided that such photographs are used for purposes directly related to the OMA. OMA grants me a personal, limited, non-exclusive, royalty free and fully paid up license to use the recorded version of my lecture ("Recorded Lecture"), in whole or in part, on my own web site. If I choose to use some or all of the Recorded Lecture, I agree to include the following accompanying statement: "Presented for the Obesity Medicine Association's (OMA) Continuing Medical Education Program. Used with permission of the OMA." I agree to post only my own presentation on my own website with the above-mentioned statement.

I have read and will ensure my presentation(s) adheres to the Copyright License and Recording Agreement.

Obesity Medicine 2024

Program: Last Name:

Initial here:

DISCLOSURES: It is OMA’s policy to ensure balance, independence, objectivity, and scientific rigor in all continuing medical education (CME) programs. All faculty, authors, and planners are expected to disclose any real or apparent financial relationships with ineligible companies. The existence of these interests or commitments should not be viewed as decreasing the value of faculty participation. The intent of this policy is not to prevent a speaker with a potential conflict of interest from making a presentation. It is merely intended that any potential conflict should be identified openly so that listeners may form their own judgments about the presentation with the full disclosure of the facts. This information will be disclosed to participants prior to any educational activities in brief statements in all education activity materials. As a faculty member, author, and/or planner for the upcoming continuing medical education programs of the Obesity Medicine Association, an Accreditation Council for Continuing Medical Education (ACCME) accredited provider of continuing medical education, I do hereby voluntarily disclose my financial relationships with ineligible companies as defined by the ACCME. The ACCME defines a ineligible company as "those whose primary business is producing, marketing, selling, re- selling, or distributing healthcare products used by patients.” This disclosure complies with the standards for integrity and independence promulgated by the Accreditation Council for Continuing Medical Education. Do you now or have you in the past 24 months had financial interest, arrangement, or affiliation (direct or indirect payment) with an ineligible company(s) as defined in the Continuing Education Programs Faculty, Author, or Planner Policy? * No, in the past 24 months , I have not had any financial relationship with any ineligible companies . (If you answered no, move to next question) Yes, I have a real or apparent financial relationship with an ineligible company within the past 24 months . I f you answered YES to the questions above, please indicate the type of financial conflict you have in the table below

Type of Financial

Indicate Applicable

Indicate for what role you Indicate for what disease Has this relationship

Relationship WITHIN THE PAST 24 MONTHS ONLY There is no financial threshold; we ask you disclose all financial relationships. Recipient of a Salary from company in question Recipient of Royalties from company in question Recipient of Intellectual Property Rights/Patent Holder Recipient of Consulting Fees Recipient of Fees for Services Received Directly from a ineligible company or their Agents (e.g., speakers’ bureaus) Contracted Research Ownership Interest (stocks, stock options, or other ownership interest excluding diversified mutual funds) Other

Manufacturer(s)/Company serve for the identified

state/clinical area this

ended? If the financial relationship existed w/ in the last 24 months, but has now ended, please check the box in this column.

WITHIN THE PAST 24 MONTHS ONLY

Manufacturer(s)/Company financial relationship

relates to (i.e. obesity , diabetes, telemedicine,

(i.e. Speakers’ Bureau, consultant, advisory board, research, etc.)

etc.)

I attest that the above information is correct at the date of the submission:

Obesity Medicine 2024

Program: Last Name:

Initial here:

Will you reference a specific company/product in your presentation? Yes No If you answered yes to the above, what company/product will you be referencing? *

* Please note, it is the OMA standard that if you reference or promote a company or product, you must discuss three additional comparable companies or products. If you answered yes to the above, which three companies/products will you be addressing?

I represent and warrant to OMA that I have disclosed every ineligible company or other relationship required to be disclosed under the criteria set forth above. I will promptly update my disclosures by giving written notice to the OMA program manager if my circumstances change between the date on which I sign this disclosure and the date of my deliberations. I grant OMA permission to disclose information regarding my ineligible companies and other relationships in the form and manner it deems appropriate. When an unlabeled use of a commercial product, or an investigational use not yet approved for any purpose, is discussed during an educational activity, OMA will require the speaker to disclose that the product is not labeled for the use under discussion or that the product is still investigational. I do not anticipate discussing unlabeled or investigational uses of any commercial product in this educational activity. I anticipate discussing the following unlabeled or investigational use/s of the following product/s: Product(s): Unlabeled use to be discussed:

Are you now under any investigation by any state and/or federal regulatory agencies concerning your medical or professional license?

No Yes

If yes, state the disposition of proceedings:

Please provide your medical or professional license number and issuing state:

ACCEPTANCE OF TERMS AND CONDITIONS This Agreement constitutes the entire agreement between the parties, and supersedes any and all prior agreements or understandings, written or oral, between them. No other promises or agreements shall be binding upon the parties with respect to this subject matter unless contained in this Agreement or separately agreed to in writing and signed by an authorized representative of each of the parties. I certify that the information I have provided is true and complete to the best of my knowledge. I understand that relevant financial relationships with any commercial company whose product(s) I may discuss in my education activity presentation(s) will be listed in materials for accredited activities. ACCEPTED AND AGREED TO BY:

Speaker Signature

OMA Signature

Date

Date

OMA Speaker Contract/Agreement Edit Suggestions from Dr. Lazarus Regarding the speaker agreement, I do not think the language addresses the concern. Further, it is buried in there and I don't believe your frequent speakers are going to read the whole document. I'd add a specific line item that people need to initial that reads something like this: ___I agree that during my presentation, I will not promote products or services that I provide. Examples include: promoting a book that I am selling, a product I am exhibiting, or other obesity-related education courses.

This captures several elements which we discussed.

Obesity Medicine Association (OMA) Policy Position Statements

1. Introduction The Obesity Medicine Association (OMA) recognizes the importance of developing Position Statements to address significant issues related to obesity medicine. This policy outlines the process for the creation, approval, and publication of the OMA’s Position Statements. 2. Definitions Different societies have varying criteria, descriptions, formats, and processes regarding society-based publications. The criteria and process for society documents such as Clinical Practice Statements (CPS’, i.e., comprehensive scientific reviews) are included in the “Guide for Authors” section of Obesity Pillars , the OMA’s official journal. For the purposes of this Policy, Position Statements are defined as published evidence-based guidance, expert opinions, advocacy positions, and/or recommendations to healthcare professionals, policymakers, and the public. 3. Suggestions and Approval of OMA Position Statement Topics Suggestions for potential Position Statement topics may originate from any member of the OMA Board of Trustees (BOT) or topics can additionally be proposed by any other OMA member(s). Position Statement suggestions that move forward are approved by a majority vote by the OMA BOT. For Position Statements to be submitted to Obesity Pillars , it is preferable that the OMA President discuss Authorship of OMA Position Statements shall be determined by the OMA President with input from the BOT as necessary. General considerations for authorship selection will be related to an individual’s expertise in the chosen topic, research skills in gathering relevant information, communication/writing/reviewing skills, objectivity and balance, organizational skills, adaptability towards working collaboratively with others, and a record of timely completion of prior authorships or other society-based tasks. 5. Publication locales of OMA Position Statement(s) • OMA Position Statements may be published in Obesity Pillars , the official journal of the OMA. • OMA Position Statements may alternatively be published on the OMA website. 6. Publication of Position Statements in Obesity Pillars Position Statements published in Obesity Pillars must be fully referenced and adhere to the journalistic standards, format, and submission process required in the Obesity Pillars Guide for Authors. The review process and final acceptance or non-acceptance of the Position Statement(s) submitted to Obesity Pillars shall be managed by the Obesity Pillars Editors, understanding that the number of available slots per year may be limited by the publisher for such Position Statements published in Obesity Pillars . this further with the Editor(s) of Obesity Pillars . 4. Authorship of OMA Position Statements

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