A Plano, Texas, mom is warning other parents after her daughter’s second birthday plans collided with a historic ice storm, and the venue refused to refund her deposit.

On Jan. 23, @aavaforpresident posted a video with over 100,000 views as of this writing. She stated that the party was scheduled for Jan. 25, booked months in advance. However, local forecasts warned of one of the most dangerous storms in recent Texas history. 

“I’m making this video in hopes of saving other Plano moms the headache of dealing with Play Street Museum,” she explained.

Why Is the Mother Asking for a Refund of the $400 Deposit?

“The governor of Texas has declared a state of emergency,” the mother said. She noted that the city of Plano advised residents to stay home unless travel was necessary. Vendors, including balloon artists, bakers, decorators, and caterers, all canceled and issued full refunds due to the weather. “Everyone except the birthday venue,” she said.

The mother claims that Play Street Museum insisted on remaining open despite extreme temperatures expected to drop to 14 degrees Fahrenheit. It has refused to refund the family’s $400 deposit, which was marked as non-refundable on a simple checkbox.

“When there’s an act of God, a literal weather emergency that will endanger your life to go to the party you booked, it should absolutely be refundable,” the mother said.

She claims that the venue offered rescheduled dates months away, but that none coincided with her daughter’s actual birthday.

“Rescheduling a service is not the equivalent of what we booked,” she said. “We booked a birthday party on my daughter’s birthday for a very specific time that they’re not able to offer.”

She urged parents to prioritize safety and work with venues that act in good faith.

“It baffles my mind that Play Street Museum is willing to risk their own lives, their employees’ lives, to travel on Sunday, and they’re expecting us to do the same thing,” she said. 

“We will be pursuing further action against them,” she adds.

Does the Museum Have Legal Standing to Keep the Deposit?

Legally, whether Play Street Museum can keep the $400 deposit depends largely on what the contract says and Texas contract law. In Texas, businesses can include non‑refundable deposits. Still, any restriction on refunds must be clearly and conspicuously disclosed for certain types of reservations, like recreational activities. The disclosure must typically be in at least 10‑point type. 

If that’s missing or unclear, the clause may not hold up. However, simply labeling a deposit non‑refundable doesn’t automatically give the venue the right to keep it if the event can’t reasonably be held. 

The concept of force majeure, meaning acts of God or extreme weather, can excuse performance of a contract. That said, such clauses must be explicitly included to apply, and Texas courts interpret them narrowly. 

Without a clear force majeure clause or specific weather cancellation language, the family may have grounds to demand a refund or pursue the deposit in small claims court. This is especially true if the venue is unable to deliver the promised event and hasn’t performed its core obligation. 

AllHipHop reached out for comment to @aavaforpresident via TikTok direct message and Play Street Museum via email. We will update this story if either party responds.

@aavaforpresident

Rescheduling a birthday party means services were not rendered. We booked a date specific birthday and the venue expects us to risk our lives or reschedule for weeks to months away.

♬ original sound – Aava 🧿