Help Bring Planet Fitness To Justice

PLANET FITNESS had shut me out of my Business and took over my Assets, Lease Rental Deposit with no explanation. the multi-millionaire Manny Rivera, CEO and owner of 3 Planet Fitness Branches, Fourways, Illovo and Sandton, bullied and shut me out of my business and, destroyed honest citizens’ means of living, destroyed 7 jobs and families.

I invested almost a million in a health coffee shop franchise positioned inside Planet Fitness Fourways Mega Gym with the then Planet Fitness Manager, to service their staff and clients, paid lease deposit, and signed a 3 year Lease Agreement with rental payment based on percentage of turnover. I was in the business just almost 12 months when recession hit, still paid rental monthly for every turnover we made, all businesses were affected including Planet Fitness who also retrenched a lot of staff. I kept doors open on days and business continued. After completing 2 years, PF locked me out of the business, no discussion, no explanation, no notice, not even warned or opportunity to take my equipment. The owner of Planet Fitness Outlets (Fourways, Illovo and Sandton), multimillionaire Manny Rivera, shouted ‘That black woman must get out’ and the CFO, Dean Colley ‘I don’t want you in my meeting’. They were asked for interview by SABC, the spokesperson for PF, Gillian Elson, agreed, made claims that I was owing rent, later rejected to come for interview when they heard I have all proof of payments for rental until the month before they shut me out. They refused to talk to me, refused to talk to appointed lawyer. We started court proceedings, served them summons and got court date. A year later to my surprise the law firm my lawyer worked for, was dismissed, they never informed me, was kept in the dark when I contacted them, they said they not willing to continue with my case. Baffled and In a whirlwind, went around in circles. The worst, the landlord, Planet Fitness allowed their new tenant to use my equipment for over 5 years without any compensation to me, and the court files including the summons served disappeared without trace at the high court. In pursuit of getting them to answer and compensate, they threatened, and claimed first to Sowetan in 2018 that the company does not exist, which it does; now with SABC 2020 and 2021, they claimed I owe rent. I have all back statements and transfers even for the very bad months paid monthly as per agreement with Planet Fitness Fourways. When the Planet Fitness Spokeperson, Gillian Elson heard from SABC, that I have proof of rental payment up to a month before they shut me down, she withdrew from the interview which they had agreed to do and arrogantly said I must go through the court and litigation. They know the exorbitant cost of litigation and know I don’t have the financial backup, but cannot leave not making them account, because I have no other means to make up the costs and debts incurred and live normally again as a result of the big business bullying, oppression and injustice and such bad attitude of big business in South Africa. They leased out to a new tenant and let them use my R280 000 worth franchise equipment with no compensation until 2018. I am seeking for justice to be served and looking for a legal firm to carry the case through for litigation on pro bono or contingent basis. I have suffered tremendous distress and losses as a small black woman owned business I want Planet Fitness to give me Compensation for:

·        lost my business investment (R800 000) and/or equipment with interest, ·        cancellation of the lease agreement prematurely and locking me out without reason nor process,

·        perishable stocks and kitchen utensils and materials (R200 000); ·        my lease deposit fees (R20 000) with interest;

·        loss opportunity to make income and a living (opportunity denied to recoup and recover my investment and make profit in the long term), and rental of the equipment for the period of time,

·        the cost of distress, trauma, and severe depression suffered and medical expenses, and

·        legal cost (R300 000 estimate plus). I had 6 full time staff plus one contractual delivery scooter driver that I employed that lost their jobs, and as a black woman, also at the age that I have to take pension, and having lost my long hard-earned investment, being deprived an opportunity by big business to make a living, create jobs and make impact in dire challenging conditions in South Africa, is inconceivable injustice.

I reached out to them dozen times without success. Now I’m ready for litigation process.

Lucy    Contact the author of the petition